BROWN v. STATE

CR-97-0862.

737 So.2d 487 (1999)

John William BROWN III v. STATE.

Court of Criminal Appeals of Alabama.

April 30, 1999.


Attorney(s) appearing for the Case

George W. Miller, Hartselle, for appellant.

Bill Pryor, atty. gen., and Andy S. Poole, asst. atty. gen., for appellee.


LONG, Presiding Judge.

John William Brown III was convicted of assault in the second degree, a violation of § 13A-6-21(a)(3), Ala.Code 1975. He was sentenced to six years' imprisonment. The sentence was split, and he was ordered to serve 18 months in confinement, to be followed by 4 years on probation.

On appeal, Brown contends that the trial court erred in refusing his request that the jury be instructed on the lesser included offense of assault in the...

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