McTerry v. State

TAYLOR, Presiding Judge.

The appellant, Derrick McTerry, was convicted of assault in the first degree, a violation of § 13A-6-20. He was sentenced to 20 years in the penitentiary.

The state’s ease rested solely on the testimony of Ronald Jelks, the 19-year-old victim. Jelks testified that on March 10, 1993, the appellant shot him in the neck as Jelks was riding a bicycle in Birmingham. Jelks stated that he and a friend, Greg Williams, had been drinking beer at Williams’s house when they decided to bicycle to a local convenience store to buy more beer. After leaving the store, Jelks saw the…