Musgrave v. State

Robert Musgrave was indicted for criminal mischief in the first degree, in violation of § 13A-7-21, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment," and the trial judge sentenced the appellant to five years' imprisonment in the State penitentiary.

On October 28, 1988, Gary Wayne Dudley and his nephew were standing in Dudley's yard. The appellant walked down the street and began shouting obscenities at these two men.

Later that same day, Gary Dudley, his fiancee Rebecca Smith (now his wife), and a friend returned home after eating lunch at a local…