STATE v. MILLER

No. 13318.

313 N.W.2d 460 (1981)

STATE of South Dakota, Plaintiff and Appellee, v. John E. MILLER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 16, 1981.


Attorney(s) appearing for the Case

Miles F. Schumacher, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Sidney B. Strange of Strange & Strange, Sioux Falls, for defendant and appellant.


DUNN, Justice.

Defendant Miller appeals from a jury verdict finding him guilty of escape from the South Dakota State Penitentiary. We affirm the conviction.

On November 13, 1979, defendant escaped from the west farm of the State Penitentiary. The evidence indicates that defendant at the time of his departure was in actual lawful custody, that he left the west farm without permission, and was arrested four days later in Dodgeville, Wisconsin.

At trial...

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