CATES, Judge.
On June 14, 1955, Hollis Powell was indicted by the Grand Jury of Morgan County of assaulting Palmer Smith with intent to murder. Tried to a jury in the circuit court, he was, on February 10, 1956, found guilty of assault and battery and fined $500, to which punishment the trial judge, pursuant to Code 1940, T. 15, § 328, added six months' hard labor for the county. Upon failing to pay the fine and costs, Powell was (under Code 1940, T. 15, §...
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