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SMITH v. STATE

361 A.2d 237 (1976)

Joseph Junior SMITH, Defendant below, Appellant, v. STATE of Delaware, Plaintiff below, Appellee.

Supreme Court of Delaware.

Decided June 16, 1976.

Reargument Denied July 20, 1976.

Attorney(s) appearing for the Case

Paul R. Steyermark, Asst. Public Defender, Wilmington, for defendant below, appellant.

Merritt Burke, III, Deputy Atty. Gen., Georgetown, for plaintiff below, appellee.

Before HERRMANN, C. J., and DUFFY and McNEILLY, JJ.

McNEILLY, Justice:

Defendant appeals from his Superior Court conviction of escape (11 Del.C. § 1253).1 based upon his failure to return from a 48-hour furlough to the Sussex Correctional Institution where he was serving a Superior Court sentence of imprisonment.

Defendant contends that his failure to return from furlough does not constitute an "escape" because he was not "in custody...

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