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NELSON v. STATE

1 Div. 774.

462 So.2d 962 (1984)

Archie NELSON v. STATE.

Court of Criminal Appeals of Alabama.

On Return to Remand January 22, 1985.

Attorney(s) appearing for the Case

J.R. Tucker, Atmore, for appellant.

Charles A. Graddick, Atty. Gen., and Martha Gail Ingram, Asst. Atty. Gen., for appellee.

BOWEN, Presiding Judge.

Archie Nelson was indicted and convicted for the first degree assault of his ex-wife, Diane Nelson. Sentence was five years' imprisonment.

Assault in the first degree requires a "serious physical injury." Alabama Code § 13A-6-20 (1975). A "serious physical injury" is "[p]hysical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss...

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