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STATE v. DAVIS

No. 60964.

271 N.W.2d 693 (1978)

STATE of Iowa, Appellee, v. William I. DAVIS, Appellant-Applicant.

Supreme Court of Iowa.

November 22, 1978.

Attorney(s) appearing for the Case

C. J. Krogmeier of Deitchler, Thomas, Saunders, Krogmeier & Humphrey, Fort Madison, for appellant-applicant.

Richard C. Turner, Atty. Gen., Ray W. Sullins, Lona J. Hansen, Joseph S. Beck and Richard A. Williams, Asst. Attys. Gen. and James P. Hoffman, Lee County Atty., for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, McCORMICK, McGIVERIN and LARSON, JJ.

REYNOLDSON, Chief Justice.

This appeal involves the legal issue whether a Fort Madison penitentiary prisoner who without authority fails to return to a designated place within the prison walls commits the crime of escape as defined by § 745.1, The Code 1975.

Defendant was tried and convicted of the crime of escape under § 745.1. The judgment was affirmed by a divided Iowa Court of Appeals. Upon further review we vacate the court of appeals decision...

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