CARLISLE, J.
The defendant was convicted of an assault with intent to murder and sentenced to serve not less than five and not more than ten years in the penitentiary, upon his trial under the following indictment: ". . . The citizens of Georgia charge and accuse Sam Marshall with the offense of assault with intent to murder; for that the said accused, on the 23rd day of March in the year 1953, in the county aforesaid, did then and there unlawfully and with force...
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