RANDALL L. COLE, Circuit Judge.
The appellant, Charles Gary Johnston, was convicted in the Recorder's Court of the City of Birmingham on a complaint charging assault and battery. He appealed to the Circuit Court of Jefferson County for a de novo jury trial. The jury returned a verdict of guilty and fixed a fine of $200. The trial judge imposed as additional punishment a four-month term in the city jail. This appeal is from the conviction in circuit court.
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