Powers v. State

The appellant was indicted for escape in the second degree, in violation of § 13A-10-32, Code of Alabama 1975. He was found guilty as charged in the indictment and was sentenced to life in prison as a habitual offender.

I

The appellant first contends that his conviction is due to be reversed because the indictment failed to properly charge him with an offense. He argues that the State was prohibited from prosecuting him as an aider and abetter under § 13A-10-32 and that he should have been indicted under § 13A-10-34 or -35. We agree.

The State's evidence indicated that the appellant aided in the…