Davis v. State

Appellant Larry Davis was found guilty of kidnapping in the second degree and assault in the second degree. He was sentenced as a habitual offender and received sentences of twenty-five years in the state penitentiary for each conviction, the sentences to run concurrently. There are three issues presented for review.

I

Appellant contends that the state failed to prove a prima facie case of assault in the second degree.

On May 4, 1984, the alleged victim, Clarence Edward Smith, went to the Congo Club in Mobile. After he ordered a beer, he was approached by appellant Larry Davis and one Jacqueline…