State v. Weekley

WOLLMAN, Justice.

Appellant appeals from the judgment entered upon his conviction on a charge of escape. We affirm.

Appellant, who was then on trusty status, was discovered to be missing from his assigned location at the state penitentiary at about 10 p.m., August 13, 1974. He was apprehended approximately one and one-half hours later while walking along South Minnesota Avenue near Interstate 229 in the City of Sioux Falls.

Appellant was charged by penitentiary officials with a violation of Title 18, Rule 23 of the Inmate Rule Book, which states in part, “Absence from any count may result in…