MESSER v. STATE

4 Div. 12.

236 So.2d 728 (1970)

Earl MESSER, alias v. STATE.

Court of Criminal Appeals of Alabama.

May 12, 1970.


Attorney(s) appearing for the Case

J. Fletcher Jones, Andalusia, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.


PRICE, Presiding Judge.

This appellant has been convicted of assault with intent to murder Walter Whitehurst.

The State's evidence tends to show that two policemen for the City of Andalusia, Officers Whitehurst and Clark, answered a radio call to the residence of the Defendant, Raymond E. Messer. Messer was standing on the porch. His wife shouted, "Look out, he's got a gun." Officer Whitehurst asked Messer to put the gun down and come out and talk to him....

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