Eubanks v. State

George Daniel Eubanks was charged with the offense of assault in the third degree, in violation of § 13A-6-22, Code of Alabama 1975. The jury found the appellant guilty as charged, and he was sentenced to 60 days in the Baldwin County jail.

The State's evidence showed that on the day in question, the appellant was having a party at his house in Baldwin County. The victim, who owned the property next door to the appellant, was hauling dirt on the road in front of the appellant's house. Several of the appellant's guests were parked along the road and, at some point, the victim's truck got stuck…