State v. Fitzgerald

Defendant was charged in a single indictment with escape from custody and with the unauthorized use of a vehicle. His timely attempts to have the two offenses severed for trial were denied and he was convicted on both counts and sentenced to a five-year prison term for each offense. The sole issue on appeal is whether the two offenses were properly joined for trial.

The evidence concerning the escape established that at about 4:30 a.m. on June 6, 1972, defendant escaped from the Yamhill County jail in McMinnville where he was being held in custody. At about 9 o’clock, a.m., a jailer discovered…