Jenkins v. State

The appellant, Gary Paul Jenkins, was convicted of assault in the second degree, in violation of § 13A-6-21, Code of Alabama 1975. He was sentenced to 10 years in prison.

The state's evidence tended to show that on December 31, 1991, the victim, Randy Belyeu, and his two brothers were at a New Year's eve party at Terry Whilhite's house trailer in Opelika. Around midnight the victim and his girlfriend were playing cards with another couple when they heard a fight. The victim turned and saw his brother, Roger, trying to break up the fight. The appellant turned on Roger, and hit him in the head…