Mississippi Supreme Court February 7, 1966, 43295 (Rush v. State)

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Inzer, J.

Appellant, James L. Rush, was indicted, tried and convicted in the Circuit Court of Neshoba County on a charge of assault and battery, with the intent to kill and murder Paul Stokes. He was sentenced to serve a term of ten years in the state penitentiary. Prom this conviction and sentence he appeals to this Court.

Appellant makes the following assignment of errors:

1.