Townsend v. State

TYSON, Judge.

Grady Delan Townsend 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 and the trial judge set sentence at five years’ imprisonment in the penitentiary.

A rendition of the facts in this case is unnecessary due to our disposition of this appeal.

Following the court’s oral charge to the jury, defense counsel objected to the court’s failure to charge the jury on the appellant’s right not to testify in the case. This oral exception was sufficient to preserve error under Rule…