Bennett v. State

DeCARLO, Judge.

Assault in the first degree; twenty years.

The appellant was charged with shooting Marion Dale, a woman with whom he had been living for approximately two years. As a result of the wound in her abdomen, she remained in the hospital for approximately one hundred days and required surgery eleven times, including a colostomy.

According to Ms. Dale, the shooting occurred when she came home after work on April 15, 1980, and had an argument with appellant over who had brought her home. Ms. Dale testified that she went upstairs to her bedroom to change clothes, and when she returned,…