Fitzgerald v. State

MORRISON, Judge.

The offense is robbery, with a prior conviction for the same offense alleged to enhance the punishment; the punishment, life imprisonment.

It was shown that the appellant and his wife presented themselves at the Anderson County jail for the purpose of making an accident report; that, unknown to the appellant, his parole had been revoked, and the “process” for his arrest was in the hands of the officers; and that the appellant was placed temporarily in a cell on the ground floor. Prior to being so incarcerated, the appellant was not searched. When the officers attempted to move…