Miller v. State

Stevie Ray Miller, the appellant, was convicted of kidnapping in the first degree and was sentenced to 25 years' imprisonment. He raises five issues on this direct appeal from that conviction.

I

The trial court properly refused to charge the jury on assault in the first, second, and third degrees because there was no evidence of "physical injury." We recognize that under certain circumstances, assault may constitute a lesser included offense of kidnapping, see Ex parte Staten, 622 So.2d 1321 (Ala. 1992) (assault a lesser included offense of attempted kidnapping), however, those circumstances do…