BONE, Judge.
Appellant was indicted for assault with intent to murder. He pleaded guilty to "assault and battery, having in his possession a weapon, to-wit: a shoe as charged in the indictment." He was found guilty by the court of "assault and battery having in his possession a weapon, to-wit: a shoe," and was sentenced to twelve months in the penitentiary. From this judgment he appeals.
Appellant's insistence for error which we will here consider is that...
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