#### STATE OF NORTH CAROLINA v. RICHARD WAYNE RUFTY

No. 7219SC700

(Filed 20 September 1972)

Appeal by defendant from Johnston, Judge, 11 January 1972 Session of Superior Court held in Cabarrus County.

The defendant, Richard Wayne Rufty, was charged in a bill of indictment, proper in form, with misdemeanor escape, first offense, in violation of G.S. 148-45 (b). The defendant, represented by court-appointed counsel, pleaded guilty and from a judgment imposing a prison sentence of six (6) months, defendant appealed.

*193 Attorney General Robert Morgan and Associate Attorney Walter E. Ricks III for the State.

Larry E. Harris for defendant appellant.

HEDEICK, Judge.

We have carefully reviewed the record which affirmatively discloses that the defendant understanding^ and voluntarily pleaded guilty to a valid bill of indictment charging him with misdemeanor escape. The judgment imposing a prison sentence of six months is within the limits prescribed for a violation of G.S. 148-45 (b). We find and hold that the defendant had á fair trial free from prejudicial error.

No error.

Judges Brock and Morris concur.