Wilkerson v. State

This appeal follows a conviction for the offense of second degree assault, in violation of § 13A-6-21 (a), Code of Alabama (1975), and sentence of five years' imprisonment. For the reasons outlined below, the judgment of conviction is reversed and the cause remanded.

At the trial of the case, Alvin McCants testified that he, along with Henry St. George, went to "Jewel's Cafe" in Valley, Alabama, during the early morning hours of February 27, 1984. While they were "shooting some pool," the appellant (known to McCants as "Sugarbear"), came in with his girl friend, Bernita Watson. (Bernita is…