Johnson v. State
Alabama Court of Appeals
Aiding an Escape. Appeal from Shelby County Court. Heard before- I-Ton. E. S. Lyman. Julius Johnson appeals from a conviction for aiding a felon to escape.
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Aiding an Escape. Appeal from Shelby County Court. Heard before- I-Ton. E. S. Lyman. Julius Johnson appeals from a conviction for aiding a felon to escape. The indictment is as follows (omitting formal charging part) : “Julius Johnson, whose name is otherwise unknown to tlie grand jury, did aid or assist Henry Hickman, whose name-is to the grand jury otherwise unknown, to escape from the county jail of Shelby county, Alabama, in which he was lawfully confined, of a charge of felony, to-wit, murder, by prizing open the bars óf a window in one of the rooms of said jail, in which room the said…
1Opinion of the CourtWalker, P. J.
Each count of the indictment charged that the defendant, with the intent to aid and facilitate the escape of a named person, who, it was alleged, was lawfully confined under a charge of felony, prized open the bars of a window in the room of the jail in which such person was at the time confined. It was not essential to the sufficiency of the indictment as a charge of the commission of the statutory offense (Code, § 6870) that it contain a specific averment to the effect that the act alleged to have been done by the defendant was useful to aid the prisoner in escaping, as the act alleged —…
2Cases cited2 opinions
- Morris v. StateSupreme Court of Alabama · 1906
- Walker v. StateSupreme Court of Alabama · 1890
3Cited by2 opinions
- Haynes v. StateSupreme Court of Alabama · 1974
- Haynes v. StateSupreme Court of Alabama · 1974