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State v. Palmer

Court of General Sessions of Delaware, New Castle County

March 29, 1950

STATE
v.
PALMER.

Page 443

C. Edward Duffy, of Wilmington, for the State.

Elwood F. Melson, Jr., William E. Taylor, Jr., and Robert C. O'Hora, all of Wilmington, for the defendant.

LAYTON, Judge.

It was clearly apparent to me that even had these Defendants been permitted to give evidence of the living conditions at the Workhouse, their testimony would have revealed at the very worst that the food was extremely bad, the guards brutal, provisions for medical treatment inadequate and that there was no adequate recreational or educational program in existence. [1] It is significant that none of the questions sought to elicit facts tending [45 Del. 310] to show that the reason for the escape was based upon grave and immediate threat to life or health.

The law is well settled that intolerable living conditions in a prison afford no

Page 444

Johnson v. State, 122 Ga. 172 50 S.E. 65
Hinkle v. Commonwealth, 66 S.W. 816 State v. Cahill, 196 Iowa 486 194 N.W. 191 People v. ...

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