Brown v. State

LONG, Presiding Judge.

John William Brown III was convicted of assault in the second degree, a violation of § 13A-6-21(a)(3), Ala.Code 1975. He was sentenced to six years’ imprisonment. The sentence was split, and he was ordered to serve 18 months in confinement, to be followed by 4 years on probation.

On appeal, Brown contends that the trial court erred in refusing his request that the jury be instructed on the lesser included offense of assault in the third degree, as defined at § 13A-6-22(a)(2), Ala.Code 1975.

The evidence presented at trial tended to show the following. Sometime between 3…