Wilbourn v. State

Marvin A. Wilbourn was indicted for escape in the third degree. A jury convicted him of resisting arrest. Sentence was six months' imprisonment in the county jail.

The only issue raised on appeal is whether the offense of resisting arrest is a lesser included offense of escape in the third degree.

"A person commits the crime of resisting arrest if he intentionally prevents or attempts to prevent a peace officer from affecting a lawful arrest of himself or of another person." Alabama Code § 13A-10-41 (a) (1975). "A person commits the offense of escape in the third degree if he escapes or…