State v. Avery

BROCK, Judge.

Defendant was charged and convicted of (1) misdemeanor escape, and (2) felonious assault with a firearm upon a law-enforcement officer while such officer was in the performance of his duties.

Defendant and two others were locked in the jail .in Wayne County. The jailer and a deputy sheriff went to the cellbloek to carry one of the men back to court for trial. When the jailer opened the cell door, one of defendant’s cellmates hit the jailer twice with his fist, and one threw salt in the deputy sheriff’s eyes. One of the men than ran from the cell and the jailer pursued him, but the…