Goans v. State

Greg Goans was indicted for the first degree assault of Timothy Jenkins in violation of Alabama Code 1975, § 13A-6-20 (a)(3). Sentence was ten years' imprisonment. Although three issues are raised on appeal, only one deserves our attention.

The defendant contends that the State failed to present a prima facie case of first degree assault because there was no proof of "serious physical injury."

The defendant and Royce Dunn together assaulted Jenkins. It is undisputed that Dunn was the one who actually shot Jenkins with a .22 caliber pistol. Jenkins was shot in his right collarbone. He was…