State v. Revis
Cases that cite this one
2 later published cases cite this decision.
- State v. Jackson (N.C. Ct. App. 1972)
- State v. Walters (N.C. Ct. App. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.