Murphy v. State

Verbon McKinney Murphy was indicted for assault in the second degree in violation of § 13A-6-21, Code of Alabama 1975. The jury found the appellant "guilty as charged in the indictment" and the trial judge sentenced him to 20 years' imprisonment in the penitentiary as a habitual felony offender.

Elsie Smith, the appellant's mother, testified that on August 26, 1984, she lived at 506 Henderson Street in Gadsden. The appellant lived in a small building behind her house and he usually ate with her each day.

At approximately 2:00 on the afternoon of August 26, 1984, Smith saw the appellant outside…