KYLE, J.
The appellant, Leonard Funderburk, and his father, Henry Funderburk, were jointly indicted on a charge of assault with intent to kill and murder Doyle Vance, Mrs. Juanita Vance, Dwight Vance and Henry Vance. The indictment was returned by the grand jury in the Circuit Court of the First Judicial District of Chickasaw County at the April 1952 term of the court. A change of venue was granted and the case was transferred to Calhoun County for trial.
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