BIRGE v. STATE

4 Div. 582.

206 So.2d 894 (1967)

Eugene BIRGE v. STATE.

Court of Appeals of Alabama.

Rehearing Denied October 10, 1967.


Attorney(s) appearing for the Case

Farmer & Farmer, Dothan, for appellant.

MacDonald Gallion, Atty. Gen., and Walter S. Turner, Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

Eugene Birge was convicted for assault with intent to murder. Punishment was fixed at twelve years in the penitentiary.

The state's evidence tended to show that the next night after Mrs. Kathleen Tate had told defendant and his companion, Mack Cole, she would appreciate it if they would not drive through trees and over her grass when they were coming from the house next door, the same 1965 model two door two-tone green Oldsmobile defendant...

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