Motion to strike denied. Costs are assessed to Tate County. Costs of appeal are taxed to the appellant. Hinkebein, J., not participating. The judgment of the Circuit Court of Montgomery County of conviction of Atari Holland of aggravated assault and sentence of ten years in the custody of the Mississippi Department of Corrections, with five years suspended for five years, is reversed.
Judgment is rendered on simple assault and the cause remanded for sentencing.
All costs of this appeal are assessed to Montgomery County. Costs of the appeal are assessed to the appellant. Payne, J., concurring in part and dissenting in part, with separate written opinion. All costs of this appeal are taxed to the appellant. All costs of this appeal are taxed to the appellant.