Chase v. State

OPINION

BRETT, Judge:

Appellant, Frank Chase, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Pitts-burg County, Case No. F-73-97, for the offense of Escape. Defendant, with counsel, waived jury trial, stipulated to the facts and was found guilty and sentenced to two (2) years imprisonment. A timely appeal has been perfected to this Court.

The initial preliminary examination was held on this charge on March 27, 1973. At its conclusion, the case was ordered dismissed by the examining magistrate because the evidence presented by the State revealed that…