WILBOURN v. STATE

8 Div. 60.

452 So.2d 915 (1984)

Marvin A. WILBOURN v. STATE.

Court of Criminal Appeals of Alabama.

June 12, 1984.


Attorney(s) appearing for the Case

Jack B. Sabatini of Smith, Gaines, Gaines & Sabatini, Huntsville, for appellant.

Charles A. Graddick, Atty. Gen. and Louis C. Colley, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

Marvin A. Wilbourn was indicted for escape in the third degree. A jury convicted him of resisting arrest. Sentence was six months' imprisonment in the county jail.

The only issue raised on appeal is whether the offense of resisting arrest is a lesser included offense of escape in the third degree.

"A person commits the crime of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from affecting...

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