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PEOPLE v. WADE

Docket No. 29125.

77 Mich. App. 554 (1977)

258 N.W.2d 750

PEOPLE v. WADE

Michigan Court of Appeals.

Decided August 22, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Bruce Barton, Prosecuting Attorney, and James M. Justin, Assistant Prosecuting Attorney, for the people.

Before: D.F. WALSH, P.J., and QUINN and H.D. STAIR, JJ.

H.D. STAIR, J.

Defendant Albert Lee Wade was charged with prison escape, in violation of MCLA 750.193; MSA 28.390. Specifically, he was charged with failing to return to his place of confinement, Camp Pontiac, at the designated time following a two-day furlough granted to him by the superintendent of corrections camps.

Defendant filed a motion to dismiss the charge. In his motion he alleged that MCLA 791.265(a)(3); MSA 28.2325(1)(3), which states that a wilful...

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