Johnson v. State

The appellant, Bernard Johnson, was convicted of escape in the third degree, a violation of § 13A-10-33, Code of Alabama 1975. He was sentenced to 10 years in the penitentiary.

The state's evidence tended to show that on January 24, 1993, the appellant was purportedly arrested by Deputy Nicky Rider and other officers with the Baldwin County Sheriff's Department. The appellant had been cited for contempt of court for failure to pay child support and there was an outstanding warrant for his arrest. However, none of the arresting officers had the warrant in their possession when the arrest was…