State v. Dix

SHARP, Justice.

The determinative question is the sufficiency of the evidence to withstand defendant’s motion for nonsuit. The facts material to decision are not controverted.

On 18 April 1970 defendant (aged 23) was incarcerated in the State’s prison camp at McLeansville in Guilford County. There, four days earlier, he had begun serving sentences totaling four years which had been imposed by the Superior Court of Rockingham County the preceding week. About noon on 18 April 1970, defendant and three other prisoners escaped.

Before defendant was removed from the Rockingham County jail in…