Lee v. State

LONG, Presiding Judge.

The appellant, Donny Lamar Lee, was indicted for attempted murder and was convicted of the lesser included offense of assault in the first degree. He was sentenced to 17 years in the penitentiary.

On appeal, Lee contends that the evidence was insufficient to sustain his conviction for assault in the first degree. Specifically, he argues that the state failed to prove that the victim suffered a “serious physical injury,” a necessary element of assault in the first degree. Section 13A-6-20, Ala.Code 1975, provides, in pertinent part:

“(a) A person commits the crime of…