CARLISLE, J.
The defendant was tried and convicted of shooting at another under the following indictment for assault with intent to murder, which charges that the defendant did "unlawfully and with force and arms . . . with a certain pistol, certain revolver and certain gun, the same being a weapon likely to produce death in and upon one Hoyt W. Butler, a human being in the peace of said State, then and there being did make an assault with the intent the said Hoyt...
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