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CARGILL v. STATE

3 Div. 563.

429 So.2d 677 (1983)

Wade CARGILL v. STATE.

Court of Criminal Appeals of Alabama.

March 29, 1983.

Attorney(s) appearing for the Case

Jack W. Wallace, Jr. of Duffey & Wallace, Montgomery, for appellant.

Charles A. Graddick, Atty. Gen., and Gregory J. Robinson, Asst. Atty. Gen., for appellee.

LEIGH M. CLARK, Retired Circuit Judge.

Appellant was found guilty under the first count only of a two-count indictment charging him with an assault in the first degree in violation of Criminal Code, § 13A-6-20. In the first count it was alleged in pertinent part:

"... [Defendant] did, with intent to cause serious physical injury to another person, cause serious physical injury to Price Allen by means of a deadly weapon, or a dangerous instrument...

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