Sirmans v. State

Birdsong, Judge.

Theo Sirmans appeals his conviction of aggravated assault by firing a .12 gauge shotgun into his nephew’s home. He was sentenced to fifteen years imprisonment, with five years to serve and ten years on probation.

The evidence at trial showed that in the early morning hours of October 10, 1989, someone fired a shotgun into the house where Allen Sirmans and his family were sleeping. Buckshot hit the picture window of the house and some of the pellets penetrated the window, striking the walls and furniture inside.

Although no one saw who fired the shot, Allen Sirmans heard a pickup…