Smith v. State

McMurray, Presiding Judge.

Defendant was indicted for the offense of escape in that "after having been convicted of the offense of Burglary . . . [he] . . . did intentionally escape from” a deputy sheriff and was thereafter retaken. He was found guilty by a jury and was sentenced by the court to confinement for a period of five years as a felony, said sentence to be consecutive to any sentence now being served. Defendant appeals. Held:

The sole error enumerated is the trial court’s sentencing defendant under Code Ann. § 26-2501 (Ga. L. 1968, pp. 1249, 1312) for a felony offense rather than a…