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ABERNATHY v. STATE

6 Div. 142.

462 So.2d 960 (1984)

Leon ABERNATHY, Jr. v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 23, 1984.

Certiorari Denied February 1, 1985.

Attorney(s) appearing for the Case

George H. Jones, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and Helen P. Nelson, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 84-153.

HARRIS, Judge.

The appellant, Leon Abernathy, Jr., was convicted of third-degree escape and was sentenced, pursuant to Alabama's Habitual Felony Offender Act, to fifteen years' imprisonment.

Appellant's indictment charged that he "did escape or attempt to escape from the custody of Gardendale Jail, in violation of Section 13A-10-33 of the Code of Alabama."

The state's...

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