TOWNSEND, Judge.
1. While the evidence authorized, it did not demand, the conclusion that the defendant had a specific intent to murder so as to make him guilty of the offense of assault with intent to murder rather than the lesser offense of assault and battery as a matter of law. The indictment specifically charged a beating by charging that the defendant did "hit and beat" the prosecutrix with a car jack, and the evidence also showed a beating. Under these circumstances...
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