JACQUES v. STATE

4 Div. 745.

376 So.2d 821 (1979)

Henry T. JACQUES v. STATE.

Court of Criminal Appeals of Alabama.

October 30, 1979.


Attorney(s) appearing for the Case

Timothy B. Loggins, Opp, for appellant.

Charles A. Graddick, Atty. Gen., and Paul E. Johnson, Asst. Atty. Gen., for appellee, the State.


LEIGH M. CLARK, Retired Circuit Judge.

Appellant was tried on an indictment charging him with a violation of Code 1975, § 13-5-65.1 A jury found him guilty, and the court fixed his punishment at imprisonment for thirty years and sentenced him accordingly.

Appellant urges a fatal variance between the indictment and the proof in that the indictment charged that defendant "did wilfully and unlawfully escape from the Covington...

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