HART, J.
The question presented is: May a jury lawfully find a defendant, indicted under Section 12421, General Code, with "assault with intent to kill," not guilty of that crime, but guilty of the crime of "assault with intent to maim," as defined by Section 12416, General Code, on the ground that the latter is a lesser included offense?
Section 12421, General Code, provides as follows:
"Whoever assaults another with intent to kill, or to commit robbery...
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