State v. Whitley

In our opinion, the petitioner raises only two questions that merit discussion and determination. (1) Did the lower court commit error in denying petitioner’s plea of former jeopardy? (2) Does escape by a prisoner from the custody of a gang foreman employed by the North Carolina State Highway Commission while at work on the public roads, constitute “escape from the State prison system” within the meaning of G.S. 148-45 (a) ?

The pertinent part of G.S. 148-45(a) reads as follows:

“Any prisoner serving a sentence imposed upon conviction of a misdemeanor who escapes or attempts to escape from the…