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GARDNER v. STATE

6 Div. 674.

429 So.2d 628 (1982)

Victor Erving GARDNER v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied December 28, 1982.

Certiorari Denied April 1, 1983.

Attorney(s) appearing for the Case

Arthur Parker, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and William D. Little, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 82-360.

TYSON, Judge.

Victor Erving Gardner was indicted for assault in the first degree pursuant to § 13A-6-20, Code of Alabama, 1975. The appellant was found guilty "as charged in the indictment" and was given a five year sentence, with eight months to be served in the penitentiary, and the remaining period to be served on probation.

Kevin Edward Ness testified that on April 11, 1980, while at Arby's Restaurant in Birmingham...

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