ON RETURN TO REMAND
TAYLOR, Judge.
The appellant, Ky Van Vo, was convicted of murder and of assault in the first degree. We remanded this cause to the Circuit Court for Mobile County because the evidence presented at trial did not bring the offense under the statute defining assault in the first degree but did prove that the offense constituted assault in the second degree. We instructed the court to set aside the appellant's conviction for assault...
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