State v. Fields

Full title: STATE of Alabama v. Jimmy Harold FIELDS

Court: Court of Criminal Appeals of Alabama

Date published: Mar 4, 1988

521 So. 2d 1042 (Ala. Crim. App. 1988)

Opinion

3 Div. 576.

May 26, 1987. Rehearing Denied June 30, 1987. Certiorari Quashed March 4, 1988 Alabama Supreme Court 86-1249.

Appeal from Circuit Court, Montgomery County; H. Mark Kennedy, Judge.

Don Siegelman, Atty. Gen. and Jean Williams Brown, Asst. Atty. Gen., for appellant.

Raymond Johnson, Montgomery, for appellee.

BOWEN, Presiding Judge.

This is an appeal by the state from an order of the circuit court declaring Alabama Code § 13A-10-31 (escape in the first degree) unconstitutional as applied to the accused and dismissing the indictment against Jimmy H. Fields. The judgment of the circuit court is reversed on authority of Webb v. State, 519 So.2d 1389 (Ala.Cr.App. 1987).

REVERSED AND REMANDED.

All Judges concur.