The appellant, John Thomas, was prosecuted before the mayor of the town of Evergreen for an assault and battery, and was convicted. Prom the judgment of conviction before the mayor, an appeal was taken to the circuit court, where he was again convicted, and from the judgment of conviction in the circuit court an appeal was taken to this court.

The judgment of conviction is reversed and the cause remanded on the authority of Thomas v. The State, 117 Ala. 178.

Opinion by