WILBURN v. STATE

5 Div. 617.

149 So.2d 296 (1963)

Louis WILBURN v. STATE.

Court of Appeals of Alabama.

January 22, 1963.


Attorney(s) appearing for the Case

Tom Radney, Alexander City, for appellant.

MacDonald Gallion, Atty. Gen., Bernard F. Sykes, Asst. Atty. Gen., and Roy E. Hicks, Legal Research Aide, for the State.


PRICE, Presiding Judge.

Appellant was indicted jointly with one James McCarty, on a charge of assault with intent to murder. Appellant demanded and was granted a severance. His jury trial resulted in a conviction of the lesser included offense of an assault and battery and the imposition of a $500 fine.

To delineate the evidence would serve no useful purpose, since its sufficiency to sustain the charge of assault and battery is in no wise presented. The motion...

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