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588 So.2d 1269 (1991)
Bobby James BENOIT
v.
STATE.
CR 90-719.
Court of Criminal Appeals of Alabama.
October 25, 1991.
Rehearing Denied November 15, 1991.
Certiorari Denied January 17, 1992.
*1270 Albert C. Dewrell, Andalusia, for appellant.
Don Siegelman, Atty. Gen., and P. David Bjurberg, Asst. Atty. Gen., for appellee.
Alabama Supreme Court 1911217.
BOWEN, Presiding Judge.
Bobby James Benoit was convicted of assault in the first degree and was sentenced to life imprisonment. Benoit contends that the trial court erred in denying his motion to dismiss, in which he alleged that he had been denied a speedy trial.
The record shows that Benoit was arrested on December 5, 1989, and that he was indicted on January 18, 1990. In July 1990, the State, pursuant to Alabama’s “open-file” policy, supplied Benoit with copies of the police reports of the cases in which he was involved. Benoit filed a motion to dismiss on November 15, 1990, alleging a denial of a speedy trial. The trial court conducted a hearing on this motion on November 27, 1990, at which Benoit was represented by counsel.
At the hearing on his motion to dismiss, Benoit presented evidence that he was working in the grocery business in Andalusia, Alabama, on December 5, 1989, when he saw an argument between two women. He then approached the men and started to separate them. One of the men hit Benoit with a rifle, and Benoit picked up the rifle and struck the man in the shoulder. Benoit testified that he struck the man, “[f]or doing what he was doing.” However, he could not remember if he had said anything to the man. Benoit then left the scene.
Benoit was charged with first degree assault under § 13A-6-20, Code of Alabama 1975, for “[u]nlawfully and intentionally caus[ing] serious physical injury to another person by means of a deadly weapon or a dangerous instrument.” A rifle is a dangerous instrument, see § 13A-
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