Smith v. State

TYSON, Presiding Judge.

Appellant was indicted for the unlawful assault with intent to murder Clifford A. St. John, Sr., “by shooting him with a .22 rifle.” Following a jury trial Appellant was found “guilty as charged,” and the trial court entered judgment, setting sentence at twenty years imprisonment in the penitentiary.

Clifford A. St. John, Sr., stated that he was a resident of 110 Broadway Street in Chisholm, Montgomery County, Alabama, on November 21, 1975. Mr. St. John indicated that he was working in his backyard on a pickup truck which was parked near one of the garages in the rear of…