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STATE v. GAINES

No. 63685.

370 So.2d 571 (1979)

STATE of Louisiana v. Leon GAINES.

Supreme Court of Louisiana.

April 19, 1979.

Attorney(s) appearing for the Case

Clayton M. Perkins, Jr., Kilbourne & Dart, St. Francisville, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Leon A. Picou, Jr., Dist. Atty., William E. Woodward, Asst. Dist. Atty., A. Z. Butterworth, Sp. Asst. Dist. Atty., for plaintiff-appellee.

PER CURIAM.

Defendant Leon Gaines was charged by grand jury indictment with simple escape, a violation of La.R.S. 14:110. On October 9, 1978, he was tried before a twelve person jury which found him guilty of attempted simple escape. Thereafter, the court sentenced him to serve two and one-half years at hard labor. On appeal he urges two assignments of error.

The subject offense occurred entirely within the confines of Angola State Penitentiary: although defendant...

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