Rushing v. State

SMITH, Justice:

Joseph Rushing, a convict lawfully confined in the State Penitentiary, was indicted for breaking prison and escaping. This appeal is from his conviction of that offense.

The factual situation in Rushing’s case is in all material respects similar to that set out in the opinion in Brown v. State of Mississippi, 240 So.2d 615, decided by this Court November 2, 1970. The principles announced in Brown control here. As in Brown, there was no “breaking” and no force was employed by appellant in effecting his escape from prison. Appellant’s conviction will be affirmed as to the lesser…