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SIZEMORE v. STATE

CR-95-384.

686 So.2d 544 (1996)

Michael SIZEMORE v. STATE.

Court of Criminal Appeals of Alabama.

September 27, 1996.

Attorney(s) appearing for the Case

Rhonda S. Slayton, Birmingham, for Appellant.

Jeff Sessions, Atty. Gen., and Frances Clement, Asst. Atty. Gen., for Appellee.

TAYLOR, Presiding Judge.

The appellant, Michael Sizemore, was convicted of assault in the second degree, a violation of § 13A-6-21, Code of Alabama 1975, and was sentenced to 10 years in the state penitentiary.

The appellant contends, and the state concedes, that reversible error occurred when the trial court gave erroneous instructions to the jury regarding the offense of assault in the second degree.

The appellant was indicted for assault in...

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