Mississippi Supreme Court April 3, 1933, No. 30357. (Batiste v. State)

*163

Cook, J.,

delivered the opinion of the court.

The appellant was convicted in the circuit court of Lincoln county on an indictment charging an assault and battery with intent to kill and murder, and was sentenced to the state penitentiary for a period of five years.

The state offered seven eA'eivitnesses to the shooting-in question.