Perry v. State

SAM TAYLOR, Judge.

John Perry was convicted of murdering Derek Oneal Askew by shooting him with a pistol under circumstances manifesting extreme indifference to human life, pursuant to § 13A-6-2(a)(2), Code of Alabama 1975. In accordance with the Alabama Habitual Felony Offender Act, the trial court sentenced Perry to life imprisonment without parole.

The sole issue on appeal is whether or not the trial court erred in overruling appellant’s motion to quash count two of the indictment, the count for which he was convicted.

Count two of the indictment stated as follows:

“The Grand Jury of said…