GARDNER, J.
1. The defendant and his brother, Murphy Ridley, were dicted upon an indictment which charged substantially that they "assault and beat Basil Cox, a human being, with a certain bluntinstrument, the exact kind and description being to the grand j unknown, the same being then and there a weapon likely to pro death, and with malice aforethought did strike and beat the Basil Cox in the body, head, limb, face, and stomach, thereby it said Basil Cox then and...
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