State v. Revis

Supreme Court of North Carolina

State v. Revis

147 S.E.2d 892, 267 N.C. 255, 1966 N.C. LEXIS 1024

CourtSupreme Court of North Carolina

DecidedMay 4, 1966

StatusPublished

Cited by2 cases

This text of 147 S.E.2d 892 (State v. Revis) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Revis, 147 S.E.2d 892, 267 N.C. 255, 1966 N.C. LEXIS 1024 (N.C. 1966).

Pincite

Opinion

Per Curiam.

An examination of the bill of indictment discloses that it does not properly charge a felonious escape because it nowhere refers to “previous conviction of escape from the State Prison System” which is one of the elements necessary under G.S. 148-45. However, it will support a charge of an escape, a misdemeanor. The Attorney General is well advised in conceding as much. The cause will be remanded to the Superior Court of Montgomery County for proper judgment upon a plea of guilty of escape, a misdemeanor. The defendant is entitled to credit for any time he may have served upon the invalid judgment.

Error and remanded.

Moore, J., not sitting.

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Per Curiam.

An examination of the bill of indictment discloses that it does not properly charge a felonious escape because it nowhere refers to “previous conviction of escape from the State Prison System” which is one of the elements necessary under G.S. 148-45. However, it will support a charge of an escape, a misdemeanor. The Attorney General is well advised in conceding as much. The cause will be remanded to the Superior Court of Montgomery County for proper judgment upon a plea of guilty of escape, a misdemeanor. The defendant is entitled to credit for any time he may have served upon the invalid judgment.

Error and remanded.

Moore, J., not sitting.

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Bluebook (online)

147 S.E.2d 892, 267 N.C. 255, 1966 N.C. LEXIS 1024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-revis-nc-1966.

Opinion

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