Haynes v. State

BLOODWORTH, Justice.

We granted the petition for writ of certiorari in this cause to review the decision of the Court of Criminal Appeals which affirmed petitioner’s conviction for “aiding or assisting” a felony prisoner to escape, for which conviction he received a five-year sentence.

The petition raises a question as to the sufficiency of the indictment to support the conviction. After a thorough consideration of this issué, we conclude that the indictment will not support the conviction. We therefore reverse and remand.

Briefly, the facts are that James Fred Kelley, while lawfully confined in…