Bing v. Harvey

Appellant escaped from the lawful pretrial custody of the Aiken County Sheriff. Some months later, appellant was apprehended in Pennsylvania. Upon return to South Carolina, appellant was convicted of escape from the Public Works and sentenced to three (3) years imprisonment.

On application for Post-Conviction Relief, the parties stipulated, and the hearing court found, the statutory offense of escape, 1976 S. C. Code § 24-13-410, does not apply to escape from pretrial detention. The hearing court denied relief, however, on the ground that appellant committed the common law crime of escape. We…