GRAVES, Judge.
Appellant was convicted of an assault with intent to murder without malice upon one Charles B. Sims and by the jury assessed a penalty of one year in the penitentiary.
It is claimed herein that the trial court committed fundamental error in its charge in paragraph 13 thereof, which reads as follows: "But if from the evidence you believe beyond a reasonable doubt that the defendant, Harrison Smith, on or about the 11th day of December, 1949,...
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