Svirbely v. State

An indictment was returned against defendant-appellant on May 5, 1972, charging him with a felonious assault with a deadly instrument, to-wit, a pistol, upon a law enforcement officer while engaged in the active discharge of his lawful duties. The particular statutory offense is proscribed by Section 3, Act No. 746, Acts of Alabama, 1967, p. 1600, approved September 8, 1967, now found in § 374(20), Code of Alabama 1940, Tit. 14, Recompiled 1958, 1973 Cumulative Pocket Part. The statute provides for punishment by imprisonment in the penitentiary for not less than two years nor more than twenty…