Lambert v. City of Henagar

ON APPLICATION FOR REHEARING

COBB, Judge.

This case was originally assigned to another judge on the Alabama Court of Criminal Appeals. It was reassigned to Judge Cobb on January 17, 1995.

This court’s unpublished memorandum and decision of August 13, 1993, are hereby set aside and the following opinion is substituted therefor.

In a trial de novo, after having been found guilty in the municipal court of the City of Henagar, Alabama, the appellant, James Carson Lambert, was convicted in the Circuit Court of DeKalb County, Alabama, of assault in the third degree, in violation of § 13A-6-22, Code of…