DUNCAN v. STATE

7 Div. 634.

369 So.2d 885 (1979)

Floyd DUNCAN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied April 17, 1979.


Attorney(s) appearing for the Case

Loma B. Beaty, Fort Payne, for appellant.

Charles A. Graddick, Atty. Gen., and Milton E. Belcher, Asst. Atty. Gen., for the State.


BOOKOUT, Judge.

Assault and battery; sentence: $500 fine and six months imprisonment in the county jail.

On the night of July 8, 1978, the appellant became involved in a fight with Thomas Hughes. Hughes was visiting in the home of appellant. During the course of the fight, the appellant managed to obtain a .22 caliber rifle and fire three shots at Hughes. Hughes was later taken to a hospital and treated for a gunshot wound.

The appellant was tried...

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