Abigando v. State

WIGGINTON, Judge.

Appellant seeks reversal of a judgment of conviction and sentence based upon a jury verdict finding him guilty of the crime of attempted escape from the common jail of Escambia County.

Appellant asserts that the judgment of conviction is fatally defective in that the State failed to adduce at the trial any evidence establishing that at the time of the attempted escape he was in lawful custody on a valid charge or conviction of a criminal offense. The statute under which appellant was charged is as follows:

"Escapes; penalty — Any prisoner confined in any prison, jail, road…