This section contains the nature of the case and procedural background.

D was serving a one- to three-year sentence for larceny. At about 12:15 a.m., on December 26, 1972, Larson, a guard at the prison, heard an alarm go off that indicated that someone was attempting an escape in the recreation area of the prison. The alarm was designed so that it could be heard in the prison office, but not in the courtyard. Larson immediately contacted Guards Szmulo and Banik. They found no one missing. The three men then conducted a search of the area where the alarm had been 'tripped.' They found one piece of barbed wire that had been cut and a laundry bag filled with civilian clothing. The bags are issued by the prison and are marked with a different number for each prisoner. A check revealed that the bag belonged to D. At approximately 5:15 a.m., on December 26, D voluntarily approached Larson. D had spent that night on the nine p.m. to five a.m. shift at work in the boiler room, situated near the point where the alarm had been triggered. D confessed but stated he changed his mind because he thought of his family, and got scared of the consequences. At trial, D testified he had become depressed prior to his decision to escape because he had been denied a Christmas furlough on December 24, 1972. The grand jury returned an indictment charging D with prison breach. D was found guilty of attempted prison breach. D filed motions in arrest of judgment and for a new trial. They were denied. This appeal followed.

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