Smith v. Arnold

OPINION

HOWARD, Chief Judge.

On May 19, 1975, petitioner, serving a sentence for armed robbery, was transferred from the custody of the Arizona State Prison to that of David J. Brock, executive director of the Alcohol Council of Southern Arizona for the reason that he was to participate in an alcohol seminar at the University of Arizona. Petitioner left the alcohol seminar and was not seen again until his arrest in Tucson on June 17. He was subsequently indicted by the Pima County Grand Jury on a charge of escape from custody under A.R.S. Sec. 13-395. His motion to dismiss the indictment was…