KYLE, J.
The appellant, George Bland, was convicted in the circuit court of Scott County on a charge of assault and battery with intent to kill and murder one O.C. Smith, and was sentenced to imprisonment in the state penitentiary for a term of ten years. From that judgment he prosecutes this appeal.
The shooting occurred in the Negro section of the City of Forest about the middle of the afternoon of the first Sunday in September, 1951. According to the testimony...
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