Sizemore v. State

The appellant, Michael Sizemore, was convicted of assault in the second degree, a violation of § 13A-6-21, Code of Alabama 1975, and was sentenced to 10 years in the state penitentiary.

The appellant contends, and the state concedes, that reversible error occurred when the trial court gave erroneous instructions to the jury regarding the offense of assault in the second degree.

The appellant was indicted for assault in the first degree. The trial court refused to charge the jury on assault in the first degree, stating that no proof had been presented of serious physical injury necessary to…