TYSON, Judge.
Charles S. Kimbrough, the appellant, was indicted for assault in the first degree, in violation of § 13A-6-20, Code of Alabama 1975. The jury found him "guilty as charged in the indictment." The trial judge sentenced him to 36 months in the state penitentiary and ordered him to pay restitution in the amount of $16,000.
On September 12, 1987, at approximately 2:00 a.m., Brian Lett was driving on Highway 78 in Jefferson County, Alabama. Marjean...
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