Bell v. State

James Kelly Bell was indicted for the attempted murder of Ricky Gibb in violation of Alabama Code 1975, § 13A-4-2. A jury convicted him of the lesser included offense of assault in the first degree. Sentence was twenty years' imprisonment. Four issues are raised on appeal.

I

The defendant argues that the victim's shirt should not have been admitted into evidence because the shirt was not in substantially the same condition at trial as it was immediately after the stabbing. In the emergency room after the stabbing, the shirt was cut down the back in order to remove it from Mr. Gibb. The shirt…