France v. State

John A. Fogleman, Justice.

Appellant was charged with second degree escape, but was found guilty of third degree escape in a court trial. On appeal, his only contention is that under the evidence, he could not be convicted of this offense on the charge placed against him. We disagree and affirm.

The information filed charged appellant “. . . with the crime of wilfully and feloniously escaping from a correctional facility, to wit: Benton County Jail ...” Appellant’s basic contention is capsuled in the first paragraph of his “Brief and Argument,” viz:

The evidence in this case revealed that the…