Burns v. State

OPINION

WALKER, Judge.

In this appeal from his conviction for felonious escape with 90 days’ imprison*828ment, Chester Wright Burns contends that (1) there is a fatal variance between the indictment and the proof; (2) his conduct does not amount to an escape; and (3) his constitutional rights under the United States Constitution were violated because he was subjected to selective prosecution. We overrule all assignments of error and affirm the conviction.

The indictment charges that “. (D)id unlawfully and feloniously, while lawfully confined in the Memphis Community Release Center, a Division of…