Barnes v. State

This appellant was convicted of an assault in the second degree on a trial by jury on an indictment charging him with the intentional attempt to cause the death of Stinson Edward Vanderslice by shooting him with a pistol, which, according to Code of Alabama 1975, §13A-4-2 (a), (d)(1), is a Class A felony. Another section, §13A-6-20 (a)(2), provides:

"A person commits the crime of assault in the second degree if:

"With intent to cause physical injury to another person, he causes physical injury to any person by means of a deadly weapon or a dangerous instrument; or . . ."

The court charged, with…