State v. Ellison

AFTER REMAND FROM THE ALABAMA SUPREME COURT

TAYLOR, Judge.

On March 27, 1979, the appellee was tried and convicted for unlawful escape from the Covington County Jail, in violation of § 13-5-65, Code of Alabama 1975, and was sentenced to 30 years’ imprisonment. His conviction was affirmed in Ellison v. State, 373 So.2d 1247 (Ala.Cr.App. 1979). Subsequently, the appellee filed a *957petition for writ of error coram nobis in the Circuit Court of Covington County, in which he alleged for the first time that his conviction for escape was void because the indictment was void under Ex parte Behel, 397…