Eady v. State
| Citation | 369 So.2d 843 |
| Parties | In re William EADY v. STATE of Alabama. Ex parte State of Alabama, ex rel. Attorney General. 78-316. |
| Decision Date | 20 April 1979 |
| Court | Supreme Court of Alabama |
Petition for Writ of Certiorari to the Court of Criminal Appeals, 369 So.2d 841.
Charles A. Graddick, Atty. Gen., David W. Clark, Asst. Atty. Gen., for the state, petitioner.
John M. Gruenewald, Dothan, for respondent.
We deny the writ because there was no proof to show the petitioner escaped from "the custody of the Sheriff of Houston County, Alabama, Who had him in charge under authority of law . . . ." (emphasis added) as charged in the indictment. There is no conflict with Jenkins v. State, 367 So.2d 587 (Ala.Cr.App.), Cert. denied, 367 So.2d 590 (Ala.1979).
WRIT DENIED.
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9 cases
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Andrews v. State, 7 Div. 294
...of "custody" as defined in the statute. Appellant cites three cases, Eady v. State, 369 So.2d 841 (Ala.Crim.App.), cert. denied, 369 So.2d 843 (Ala.1979); Gibson v. State, 48 Ala.App. 237, 263 So.2d 694 (1972); Artrip v. State, 41 Ala.App. 492, 136 So.2d 574 (1962); and to support his conte......
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Ex parte Dietz
...the elements of the crime of escape. Lawful custody is one such element. Eady v. State, 369 So.2d 841 (Ala.Crim.App.), cert. denied, 369 So.2d 843 (Ala.1979); Phelps v. State, 416 So.2d 766 (Ala.Crim.App.1982); Pinkard v. State, 405 So.2d 411 (Ala.Crim.App.1981). The State did not prove law......
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Grantham v. State, 4 Div. 769
...expressly overruled Grimes v. State, 402 So.2d 1094 (Ala.Cr.App.1981), and Eady v. State, 369 So.2d 841 (Ala.Cr.App.), cert. denied, 369 So.2d 843 (Ala.1979). However, in Ex parte Alexander, supra, the Supreme Court of Alabama held that this new interpretation of the escape statutes could n......
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Alexander v. State, 8 Div. 166
...simply failed to return to custody." Grimes, 402 So.2d at 1096. See also Eady v. State, 369 So.2d 841 (Ala.Cr.App.), cert. denied, 369 So.2d 843 (Ala.1979). On reconsideration of the meaning and scope of the statutory definition of "custody", we find that the crime of escape in the first de......
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