Tatum v. State

TYSON, Judge.

Kelley Tatum was indicted for assault in the first degree pursuant to § 13A-6-20, Code of Alabama 1975, as amended 1979. The jury found the appellant guilty of assault in the second degree and the trial court set punishment at ten years’ imprisonment. From that conviction, the appellant now appeals.

This appeal grew out of an offense which was committed on July 1, 1980 between the appellant and one Greg Bolling, both employees of Aeseo Steel Company, located in Calhoun County, Alabama.

Because, in our examination of this record, such fails to establish conclusively that the…