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STEWART v. UNITED STATES

No. 10681.

370 A.2d 1374 (1977)

Melvin G. STEWART, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 22, 1977.

Attorney(s) appearing for the Case

Thomas Lumbard, Washington, D. C., appointed by this court, for appellant.

Earl J. Silbert, U. S. Atty., John A. Terry, William D. Pease, Hamilton P. Fox, III and Robert M. McNamara, Jr., Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before KERN, NEBEKER and YEAGLEY, Associate Judges.

YEAGLEY, Associate Judge:

Appellant Stewart was convicted of escape in violation of D.C.Code 1973, § 22-2601 after a trial on stipulated facts. Although the defendant acknowledged that he had failed to return to custody after being issued a temporary pass, he made a proffer of proof that his failure to return was not willful, but involuntary and induced by duress. The trial court found as a matter of law that the proffer, even if proved, would not constitute...

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