We deny the writ because there was no proof to show the petitioner escaped from "the custody of the Sheriff of Houston County, Alabama, who had him in charge under authority of law.. . ." (emphasis added) as charged in the indictment. There is no conflict with Jenkins v. State, 367 So.2d 587 (Ala.Cr.App.),cert. denied, 367 So.2d 590 (Ala. 1979).

WRIT DENIED.

BLOODWORTH, FAULKNER, ALMON and EMBRY, JJ., concur.