State v. Warren

The pertinent parts of G.S. 148-45 relating to the misdemeanor of escape read as follows:

“Any prisoner serving a sentence imposed upon conviction of a misdemeanor who escapes or attempts to escape from the State prison system shall for the first such offense be guilty of a misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less than three months nor more than one year.”

The State offered evidence tending to show that the defendant was tried in March 1968 in the Superior Court of Burke County for the crime of nonsupport and was sentenced to prison for eight…