THOMAS v. STATE

7 Div. 958.

418 So.2d 964 (1982)

Kenneth Earl THOMAS, alias v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

August 24, 1982.


Attorney(s) appearing for the Case

Howard B. Warren of Torbert, Turnbach & Warren, Gadsden, for appellant.

Charles A. Graddick, Atty. Gen., and Billington M. Garrett, Asst. Atty. Gen., for appellee.


TYSON, Judge.

Kenneth Earl Thomas was indicted for and convicted of the first degree assault with a pistol of his ex-wife, Marie Thomas. He was, subsequently, sentenced by the trial court to ten years' imprisonment.

At the close of the state's case, the appellant moved for a directed verdict because of an alleged lack of proof of a "serious physical injury" sustained by the victim, Marie Thomas.

The evidence is undisputed that on the night of July...

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