Clark v. State

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.]

Appellant, defendant at nisi prius, was indicted for assault with intent to murder and convicted as charged. The trial court fixed punishment at twenty years imprisonment. Defendant's plea was not guilty and not guilty by reason of insanity.

This is a second appeal involving the same offense. Clark v.State, 54 Ala. App. 183, 306 So.2d 51, cert. denied 293 Ala. 749, 306 So.2d 54.

It appears from the undisputed evidence that the victim of the alleged offense, who was…