State v. Marks

McFADDEN, Justice.

Appellant Melvin Charles Marks was convicted following a jury trial of the felony of escape. 1 The facts involved on this appeal are basically undisputed. Marks was one of a number of inmates of the Idaho State Penitentiary who were on an outside work detail engaged in picking potatoes under the supervision of a prison official. Transportation to and from the work site was provided by a van-type truck. The official drove the truck, and ten of the inmates including appellant were seated in the rear. Two benches ran the length of the truck, one on each side,, with five men…