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SHARPE v. STATE

6 Div. 900.

340 So.2d 885 (1976)

Johnny SHARPE v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied October 26, 1976.

Attorney(s) appearing for the Case

Robert R. Bryan, Birmingham, for appellant.

William J. Baxley, Atty. Gen. and Stephen M. Langham, Asst. Atty. Gen., for the State, appellee.

WILLIAM C. SULLIVAN, Circuit Judge.

Appellant was found guilty of the offense of assault and battery, by a jury, and was assessed a fine of $500.00; the trial judge added six months additional hard labor for the county.

I

Appellant had been indicted and tried under an indictment charging the defendant with a violation of Title 14, § 374(20), Code of Alabama 1940, which makes it a felony to commit an assault with a deadly instrument upon a peace...

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