Clemmons v. State

HARRIS, Judge.

Appellant Marvin Clemmons was indicted by the Grand Jury of Geneva County, Alabama, on January 13, 1983. The indictment charged appellant with the attempted murder of James Kelly, in violation of § 13A-6-2, Code of Alabama, 1975, with a deadly weapon, to wit: a knife, in violation of § 13A-4-2, Code of Alabama, 1975. The appellant entered a plea of not guilty at his arraignment.

The action was tried on August 29, 1983, before Judge P.B. McLauchlin, Jr., Circuit Judge of Geneva County. After delibera*1325tions, the jury returned a guilty verdict of assault in the first degree. After…