Lambeth v. State

BOWEN W. SIMMONS, Retired Circuit Judge.

Appellant’s motion for a rehearing has merit and is granted. The opinion and judgment of affirmance entered following remand by the Supreme Court is vacated and held for naught. We now address issues pretermitted in the original opinion.

At the close of the state’s evidence at nisi prius the defendant moved to exclude the evidence because inter alia the prosecution was barred by the statute of limitations applying to misdemeanors as here involved. § 15-3-2, Code of Alabama *9261975. The evidence shows without dispute that the alleged assault and battery,…