TOWNSEND, J.
1. The defendant William Barber was indicted, tried and convicted on a charge of assault with intent to murder in two counts, which were identical except as to the name of the person alleged to have been assaulted. Count 1 charges the accused with the offense of assault with intent to murder "for that the said accused, in the County of Fulton and State of Georgia, on the 18th day of February, 1956, with force and arms, did unlawfully, with malice aforethought...
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