STATE V. HANKS 665 A.2d 102 (1995) CASE BRIEF

STATE V. HANKS

665 A.2d 102 (1995)

NATURE OF THE CASE: This was an appeal from a conviction of conspiracy to commit assault.

FACTS: Hanks (D) and others prisoners were let out of their cells to clean the cell block. One inmate called the guard over and as the guard spoke with him another hit the guard from behind, then jumped the guard and hit him in the face, took his keys and body alarm. D kicked the guard and was told by other inmates to go to the front of the guard bubble and look out for other correction officers. The guard was then dragged into a cell. Other correction officers eventually responded when the fallen guard did not answer his telephone. They eventually got the situation under control, requested their fallen comrade and evidence of an aborted escape. All Ds were convicted and appealed claiming that there was insufficient evidence to convict for first degree assault as accessories, attempted escape, and conviction for conspiracy.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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