Defendant was convicted after a jury trial of prison escape. MCLA 750.193; MSA 28.390. The Court of Appeals reversed defendant’s conviction, and we affirm on the same basis as People v Luther, ante, 394 Mich 619; 232 NW2d 184 (1975).

In this case the defendant testified to a similar confrontation to the one noted in Luther. 1 We discuss only one factual variation; defendant did not leave the prison until approximately 24 hours after the confrontation. This does not suffice to remove the defense of duress from the consideration of the jury.

"[W]hat constitutes present, immediate and impending compulsion depends on the circumstances of each case.” 2

The trial court’s refusal to give an instruction on duress was reversibly erroneous.

The Court of Appeals is affirmed. Defendant’s cross-appeal is moot.