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WARE v. STATE

No. 38781.

218 Miss. 173 (1953)

65 So.2d 236

34 Adv. S. 209

WARE v. STATE.

Supreme Court of Mississippi.

June 8, 1953.

Attorney(s) appearing for the Case

Frank F. Mize and Howard B. McCrory, Forest, for appellant.

Joe T. Patterson, Assistant Attorney General, Jackson, for appellee.

ROBERDS, P.J.

Ware was convicted of assault and battery with intent to kill Robert Patrick.

On this appeal he contends the testimony is insufficient to support conviction of any crime and that his request for a peremptory instruction was wrongfully refused. The proof of the State established a deliberate, malicious assault by shooting Patrick with a shotgun, loaded with number six shot, with the intent to kill him,

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