State v. Stallings

Defendant assigns as error the denial of his motion for judgment as of nonsuit. There was ample evidence to support a finding that defendant was an escapee from Caledonia Prison. Discussion is limited to defendant’s contention that the evidence fails to support the allegations of the indictment relating to the crime for which defendant was serving a sentence at the time of the alleged escape.

The indictment, as the court explained to the jury, is based on the following portion of G.S. 148-45: “Any prisoner serving a sentence imposed upon conviction of a felony who escapes or attempts to escape…