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MASON v. COM.

Record No. 760117.

228 S.E.2d 683 (1976)

Michael Louis MASON v. COMMONWEALTH of Virginia.

Supreme Court of Virginia.

October 8, 1976.

Attorney(s) appearing for the Case

Edwin J. Elmore, Jr., Hampton, for plaintiff-in-error.

Gilbert W. Haith, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen., on brief), for defendant-in-error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

PER CURIAM.

The defendant, Michael Louis Mason, was indicted for felonious escape in violation of Code § 53-291(2). Upon arraignment, he moved to dismiss the indictment on the ground that he had been indicted under the wrong statute and was liable to prosecution only for a misdemeanor under Code § 18.1-290. On June 7, 1974, after a hearing, the defendant was convicted of felonious escape, and he was subsequently sentenced to a term of one year in the penitentiary...

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