GRASON, J., delivered the opinion of the Court.
Petitioner asks leave to appeal from an order denying him the writ of habeas corpus.
The petitioner claims that the indictment in the case, under which he was convicted, is framed under section 13, Article 27, 1947 Supplement to the Code. That section makes it a crime to commit an assault with the intent to rob, and provides a penalty of not less than
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