HARWOOD, Presiding Judge.
Under an indictment charging assault with intent to murder this appellant has been found guilty of assault and battery.
The evidence presented by the State tends to show that this appellant assaulted one James Burks and cut him in the neck with a knife, the would inflicted requiring seven or eight sutures to close it.
If Burks' testimony be believed beyond a reasonable doubt, the appellant's actions were without legal justification...
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