STATE v. WEEKLEY

No. 11578.

240 N.W.2d 80 (1976)

STATE of South Dakota, Plaintiff and Respondent, v. Eugene George WEEKLEY, Defendant and Appellant.

Supreme Court of South Dakota.

March 25, 1976.


Attorney(s) appearing for the Case

Earl R. Mettler, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on brief.

Steven W. Sanford, of Braithwaite & Cadwell, Sioux Falls, for defendant and appellant.


WOLLMAN, Justice.

Appellant appeals from the judgment entered upon his conviction on a charge of escape. We affirm.

Appellant, who was then on trusty status, was discovered to be missing from his assigned location at the state penitentiary at about 10 p. m., August 13, 1974. He was apprehended approximately one and one-half hours later while walking along South Minnesota Avenue near Interstate 229 in the City of Sioux Falls.

Appellant was charged by...

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