People v. Hurst

This appeal involves the issue of first impression of whether "lawful” confinement is an element of the Michigan prison escape statute, MCLA 750.193; MSA 28.390, which must be proven by the prosecution, or whether the defendant must raise "illegal” confinement as a defense. It is not disputed that on June 12, 1973, and for some time prior thereto, defendant was confined at the Dalton farm barracks at Jackson Prison, that he escaped on the night of June 12, 1973, and was apprehended at a private home the morning of June 13. He was tried by jury, found guilty, and, on December 6, 1973,…