Fitzgerald v. State

Deen, Presiding Judge.

Fitzgerald appeals his conviction of aiding his son to escape from the Wilcox County jail on October 10, 1981.

1. Appellant contends that his oral statement made while in custody was inadmissible because it was not voluntary and because it was the product of an illegal arrest warrant. At the hearing pursuant to Jackson v. Denno, 378 U. S. 368 (84 SC 1774, 12 LE2d 908) (1964), the state presented evidence that the appellant had been given his Miranda warnings at the time of his arrest on October 10,1981, and again on October 12,1981; he refused to sign any acknowledgment…