PER CURIAM.
Defendant, Jeff Davis Hinton, was charged by information with one count of aggravated battery upon his brother, Carl Hinton, with use of a hatchet. The charge was reduced to aggravated assault. Defendant was tried by jury, found guilty, convicted and sentenced to five years imprisonment. We note that Carl was unavailable for trial since he died from unspecified causes not related to this incident.
The crucial issue at trial was whether the defendant...
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