Crawford v. State

McMillan, judge.

The appellant was found guilty of escape in the third degree and was sentenced as a habitual offender to 13 years’ imprisonment. The trial court ordered that sentence be served concurrently with his sentence on another conviction. He argues that the trial court erred in denying his motion for a judgment of acquittal because, he says, at the time of the offense he was not in “custody” within the meaning of the escape statute (§ 13A-10-33(a), Code of Alabama 1975) and, therefore, he was guilty only of the uncharged offense of resisting arrest.

Evidence at trial tended to show…