Fears v. State

Clark, Judge.

This appeal is from a conviction for the misdemeanor grade of escape. The trial took place two years after the date of the alleged offense. The state’s evidence showed that the accused had been apprehended in the early morning hours of September 30, 1973 while trying to burglarize a wine and cheese store. He was arrested on a charge of attempted burglary and was confined in the Athens Stockade. After the prisoners had been removed from their cells for breakfast that same day, defendant was discovered to be missing. He was subsequently located within the Athens city limits and,…