Escaping Prison by ''Mistake'' (Without Intention)
Prison ''Escape'' case with no evidence of prisoner's intent to escape:
People v. Chmilenko, 14 Ill. App. 3d 270, 272, 302 N.E.2d 455, 457 (1973), was a case charging a prisoner with escape, unrebutted testimony was presented that the defendant had a seizure as he was being loaded into a transport from a police station. Chmilenko, 14 Ill. App. 3d at 271-72, 302 N.E.2d at 456.
The police did not notice that the defendant had collapsed to the ground and loaded the other prisoners in the transport, leaving the defendant behind. Chmilenko, 14 Ill. App. 3d at 271-72, 302 N.E.2d at 456.
No evidence showed that the defendant had the intent to escape, but the testimony was that he had a seizure, woke up, did not know where he was, and went to his home. Chmilenko, 14 Ill. App. 3d at 272, 302 N.E.2d at 456-57.