Court of Criminal Appeals of Alabama November 23, 1982, 6 Div. 674 (Gardner v. State)

TYSON, Judge.

Victor Erving Gardner was indicted for assault in the first degree pursuant to § 13A-6-20, Code of Alabama, 1975. The appellant was found guilty “as charged in the indictment” and was given a five year sentence, with eight months to be served in the penitentiary, and the remaining period to be served on probation.