SMITH, Justice.
The respondent was convicted of assaulting and robbing one Audsley R. Eno of Winooski, Vermont, a violation of V.S. 47 § 8266 (now 13 V.S.A. § 604) by a jury verdict on March 23, 1959, in the Chittenden County Court. Under the practice existing at that time the respondent seasonably filed a bill of expections to bring the case here.
At the outset of the trial, the respondent filed with the trial court the following petition:
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