RICE v. STATE

6 Div. 53.

237 So.2d 122 (1970)

Braymon RICE v. STATE.

Court of Criminal Appeals of Alabama.

June 16, 1970.


Attorney(s) appearing for the Case

William T. Kominos, Birmingham, for appellant.

MacDonald Gallion, Atty. Gen., and George W. Hodges, Jr., Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

The defendant was convicted of assaulting James Edward Gay with intent to murder him. He was sentenced to twelve years imprisonment.

The evidence is undisputed that defendant fired a pistol into the unmarked city police car in which Officer Gay, in plain clothes, was sitting. One shot went into the left front door and a second shot broke the window on the left side, about ten or twelve inches from the policeman's head.

The defendant...

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