Abernathy v. State

The appellant, Leon Abernathy, Jr., was convicted of third-degree escape and was sentenced, pursuant to Alabama's Habitual Felony Offender Act, to fifteen years' imprisonment.

Appellant's indictment charged that he "did escape or attempt to escape from the custody of Gardendale Jail, in violation of Section 13A-10-33 of the Code of Alabama."

The state's evidence proved that the appellant escaped from the custody of Grady Love, the jailor at the Gardendale Jail. Love had escorted the appellant from his cell and had instructed him to clean the jail and city hall. The appellant escaped before…