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FOSTER v. STATE

CR-89-923.

579 So.2d 60 (1991)

Mark Thomas FOSTER, alias v. STATE.

Court of Criminal Appeals of Alabama.

March 15, 1991.

Attorney(s) appearing for the Case

Charles R. Gillenwaters, Alexander City, for appellant.

Don Siegelman, Atty. Gen., and Tori L. Adams, Asst. Atty. Gen., for appellee.

TYSON, Judge.

Mark Thomas Foster was indicted for the attempted murder of Glenda Trimble in violation of § 13A-4-2, Code of Alabama 1975. He was found "guilty as charged in the indictment" and was sentenced to 20 years in prison. The appellant raises two issues on appeal.

I

Foster first contends that the trial court erred in refusing to charge the jury on assault in the third degree as set out in Ala.Code 1975, §§ 13A-6-22(a)(2) and...

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