Black v. State

Billy Ray Black was indicted, tried and convicted of "escape in the first degree" in violation of § 13A-10-31, Code of Alabama 1975. He was sentenced by the trial court to a term of fifteen years' imprisonment.

Billy Ray Black's escape from the Calhoun County Jail with two other prisoners was not disputed at trial. The only pertinent fact disputed at trial was whether or not appellant "employed physical force, a threat of physical force, a deadly weapon or a dangerous instrument" during his escape as is required to raise the offense to one of escape in the first degree. This fact was resolved…