STATE v. WINTERS

No. 266-76.

392 A.2d 429 (1978)

STATE of Vermont v. Daniel WINTERS.

Supreme Court of Vermont.

September 14, 1978.


Attorney(s) appearing for the Case

David G. Miller, Franklin County State's Atty., and Edward D. Fitzpatrick, Deputy State's Atty., St. Albans, for plaintiff.

James L. Morse, Defender Gen., and Charles S. Martin, Appellate Defender, Montpelier, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


BARNEY, Chief Justice.

The defendant was prosecuted for escape. The statutes divide this general offense into several specifically described variations based on the nature of the custody, and carry differing penalties. The information brought against this defendant alleged a violation of 13 V.S.A. § 1501(b)(3). That statute applies to an inmate in custody who escapes or attempts to escape when he has been permitted to leave a corrections facility of confinement...

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