JOHNSON, Judge.
On November 1, 1962, the appellant, Jimmie Brannon, was indicted by the Grand Jury of Geneva County, Alabama, for the offense of assault with intent to murder Deputy Sheriff L. D. Sizemore. He was tried, convicted, and sentenced by the court to a term of five years in the penitentiary and it was ordered by the court that the sentence be suspended pending the determination of the appellant's application for probation. On January 29, 1964, appellant...
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