DIETZ v. STATE

8 Div 866.

474 So.2d 120 (1984)

George Stephen DIETZ v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 24, 1984.


Attorney(s) appearing for the Case

W. Clint Brown, Jr., Decatur, for appellant.

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

George Stephen Dietz, the appellant, was indicted and convicted for escape in the first degree in violation of Alabama Code Section 13A-10-31 (1975). He was sentenced as an habitual offender to life imprisonment. Five issues are raised on appeal.

I

Dietz contends that because his original arrest was not lawful he was not in "lawful custody" and therefore the State failed to present a prima facie case of escape and his motion...

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