MILLER v. STATE

CR 93-342.

645 So.2d 363 (1994)

Stevie Ray MILLER, alias v. STATE.

Court of Criminal Appeals of Alabama.

July 8, 1994.


Attorney(s) appearing for the Case

Clark Hall, Gadsden, for appellant.

James H. Evans, Atty. Gen., and Robin Blevins, Asst. Atty. Gen., for appellee.


BOWEN, Presiding Judge.

Stevie Ray Miller, the appellant, was convicted of kidnapping in the first degree and was sentenced to 25 years' imprisonment. He raises five issues on this direct appeal from that conviction.

I.

The trial court properly refused to charge the jury on assault in the first, second, and third degrees because there was no evidence of "physical injury." We recognize that under certain circumstances, assault may constitute a lesser...

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