Alvis v. State

To an indictment charging assault in the second degree, Michael Steven Alvis pleaded not guilty and not guilty by reason of insanity. After a Jefferson County jury found him guilty as charged, the trial court sentenced him to "fifteen years in the penitentiary." On appeal, he claims that his conviction should be reversed because the victim did not suffer a "serious physical injury" as required by the assault statute and because the evidence of insanity was so overwhelming.

William T. Morrison, the victim of the assault, testified that he and his wife were driving away from a restaurant about…