Hardy v. State

Phillip Dwight Hardy was indicted for assault in the first degree in violation of § 13A-6-20, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment." Following a habitual felony offender hearing, the trial judge sentenced the appellant to 22 years in the penitentiary.

Since the facts of this case are not pertinent to our discussion of the two issues raised by the appellant on appeal, we pretermit a recitation of such facts.

I

The appellant contends the prosecutor expressed his opinion as to the appellant's guilt during his closing argument and, therefore,…