Page v. State

The appellant, Mike Allen Page, was convicted of assault in the second degree in violation § 13A-6-21, Code of Alabama 1975. His sentence of 10 years' imprisonment was split, with 3 years to be served in prison and the balance on probation. He raises six issues on appeal.

I

The appellant argues that the trial court erred by instructing the jury on assault in the second degree, as defined by § 13A-6-21(a)(1), (2) and (3), Code of Alabama 1975, when the appellant was charged by indictment with assault as defined only by § 13A-6-21(a)(2). This argument, however, is procedurally barred because the…