State v. Miller

DUNN, Justice.

Defendant Miller appeals from a jury verdict finding him guilty of escape from the South Dakota State Penitentiary. We affirm the conviction.

On November 13, 1979, defendant escaped from the west farm of the State Penitentiary. The evidence indicates that defendant at the time of his departure was in actual lawful custody, that he left the west farm without permission, and was arrested four days later in Dodgeville, Wisconsin.

At trial defendant presented evidence that he had been transferred from the main prison facility to the west farm in March of 1979. In June, 1979 he was…