MILES v. STATE

5 Div. 89.

277 So.2d 104 (1973)

David Lee MILES, alias v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied March 20, 1973.


Attorney(s) appearing for the Case

Samford, Torbert, Denson & Horsley, Opelika, for appellant.

William J. Baxley, Atty. Gen., and George W. Royer, Jr., Asst. Atty. Gen., for the State.


HARRIS, Judge.

Appellant appeals from a conviction in the Circuit Court of Lee County for the offense denounced by Title 14, Section 374(20), Code of Alabama 1940, as last amended. This section is as follows:

"Assault with deadly instrument upon peace officer in performance of his duties.—Whenever any peace officer or other law-enforcement officer of this state or any political subdivision of this state shall be engaged in the active discharge of his...

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