State v. Worley

Ness, Justice:

This appeal involves the question of when a defendant who contends he escaped from lawful confinement due to inadequate medical treatment is entitled to have the affirmative defense of necessity submitted to the jury. In the instant case the trial judge refused to charge the defense of necessity. * We affirm.

James Worley voluntarily left Richland County Prison Camp in June, 1972. He had opportunities to report to the authorities but failed to do so. About two years after his escape, Worley was arrested in Florida and returned to South Carolina in July, 1974. He was convicted of…