Burns v. State

ON REHEARING

TYSON, Judge.

This court’s original opinion of July 28, 1987 is hereby withdrawn and held for naught.

*861The following is substituted for that opinion.

Doris Jean Burns was indicted for first degree assault. The jury found the “appellant guilty of third degree assault.” She was sentenced to one year in the county jail and was ordered to make restitution in the amount of $661.00.

A lengthy discussion of the facts of this case is unnecessary because of our decision to reverse and remand this case for a new trial.

The evidence presented at trial showed that on June 8, 1985, Sherry Lynn Moore…