McGehee, C.J.
The appellant, Monroe Gray, was indicted at the February 1954 term of the Circuit Court of Lauderdale County for the crime of assault and battery with intent to kill and murder one Richard Dunn. He was tried and convicted of this alleged crime at the August 1954 term of said court, and was sentenced to serve a term of five years in the state penitentiary.
The defendant shot Mr. Dunn, a customer in his cafe, near closing time at midnight on November...
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