MILLER v. STATE

No. 13920.

338 N.W.2d 673 (1983)

John E. MILLER, Petitioner and Appellant, v. STATE of South Dakota, Respondent and Appellee.

Supreme Court of South Dakota.

Decided September 28, 1983.


Attorney(s) appearing for the Case

Jeff Larson, Minnehaha County Public Defender, Sioux Falls, for petitioner and appellant.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for respondent and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


MORGAN, Justice.

This appeal arises from a trial court's order denying appellant John Miller (Miller) post-conviction relief from a conviction for escape from the South Dakota State Penitentiary (penitentiary). Miller appeals and we affirm.

On November 13, 1979, while serving the fourth year of a twenty-five year sentence in the penitentiary, Miller escaped from the penitentiary's "west farm" near Ellis, South Dakota. Approximately four days later, Miller...

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