Thomas v. State

Kenneth Earl Thomas was indicted for and convicted of the first degree assault with a pistol of his ex-wife, Marie Thomas. He was, subsequently, sentenced by the trial court to ten years' imprisonment.

At the close of the state's case, the appellant moved for a directed verdict because of an alleged lack of proof of a "serious physical injury" sustained by the victim, Marie Thomas.

The evidence is undisputed that on the night of July 6, 1981, at Bill's Lounge in Etowah County, the appellant fired into the back of Ms. Thomas at close range two shots from a .32 caliber pistol. The shooting took…