State v. Miller
Annotate this CaseAfter a jury trial, Defendant was convicted of escape. Defendant appealed, arguing, among other things, that the district court abused its discretion when it refused to instruct the jury that the crime of absence from custody was a lesser included offense of escape. The court of appeals denied each claim raised by Defendant and affirmed. The Supreme Court vacated the decision of the court of appeals and reversed the judgment of the district court, holding that the crime of absence from custody is a lesser included offense of the crime of escape. Remanded for a new trial.
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