Appellant was indicted, tried and convicted in the Circuit Court of Grenada County for assault and battery with intent to kill and murder his niece, Margaret McNally, a girl of the age nine years, and was sentenced to imprisonment for three years in the State penitentiary.
The indictment, omitting the formal parts, charges as follows:
"That W.C. McNally, late of the County aforesaid, on the 22nd day of January in the year of...
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