STATE v. WHITESHIELD

No. 14963.

605 P.2d 189 (1980)

STATE of Montana, Plaintiff and Appellant, v. Rudy WHITESHIELD and Paul Scott Sorenson, Defendants and Respondents.

Supreme Court of Montana.

Decided January 18, 1980.


Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Ted Mizner, County Atty., Deer Lodge, for plaintiff and appellant.

Byron W. Boggs, Anaconda, for defendants and respondents.


HARRISON, Justice.

This is an appeal by the State of Montana from an order of the Powell County District Court, the Honorable John B. McClernan presiding, dismissing charges of a felony escape which had been filed against the defendants.

Defendants were inmates in the Montana State Prison and both were participants in a prisoner furlough program. Defendant Whiteshield walked away from his furlough in Butte, Montana, was arrested in Lincoln, Nebraska and was...

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