People v. Smith

On Rehearing

D. F. Walsh, J.

The prosecutor appeals from the trial court’s dismissal of three charges arising out of the defendánt’s unsuccessful escape from the custody of a prison guard. A preliminary statement of facts is necessary to our discussion.

Defendant, an inmate at Jackson Prison, had been transferred to Foote Memorial Hospital in Jackson for medical treatment. During his stay there he was in the custody of prison guards.

The incident occurred when Officer Eldridge, a prison guard, brought another inmate into the defendant’s ward. Once in the room, Eldridge, pursuant to prison…