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HARDY v. STATE

6 Div. 498.

462 So.2d 1016 (1984)

Phillip Dwight HARDY v. STATE of Alabama.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 13, 1984.

Certiorari Denied January 25, 1985.

Attorney(s) appearing for the Case

Charles M. Purvis and Virginia A. Vinson, Birmingham, for appellant.

Charles A. Graddick, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.

Alabama Supreme Court 84-231.

TYSON, Judge.

Phillip Dwight Hardy was indicted for assault in the first degree in violation of § 13A-6-20, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment." Following a habitual felony offender hearing, the trial judge sentenced the appellant to 22 years in the penitentiary.

Since the facts of this case are not pertinent to our discussion of the two issues raised by the appellant...

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