House v. State

380 So.2d 940 (1979)

Ex parte State of Alabama ex rel. Attorney General.

(In re: Ronnie Gene HOUSE

v.

STATE of Alabama).

78-491.

Supreme Court of Alabama.

September 28, 1979.

Rehearing Denied December 7, 1979.

Charles A. Graddick, Atty. Gen. and Sarah Kathryn Farnell, Asst. Atty. Gen., for the State.

Michael E. Sparkman, Hartselle, for respondent.

TORBERT, Chief Justice.

The respondent, Ronnie Gene House, was indicted under Code 1975, § 13-1-42, for unlawfully assaulting Edward Wilburn with a deadly weapon "at which time the said Edward Wilburn was engaged in the active discharge of his lawful duty or…