CATES, Judge.
Baswell was indicted for assault with intent to murder (Code 1940, T. 14, § 38), and was found guilty of assault and battery. The trial judge sentenced him to ninety days hard labor for the county.
In October, 1958, Franz Davis with two helpers had driven into his corn field near Slasham some four or five miles east of Ashville. They pulled ears from the cornstalks and pitched them in Davis' pick-up truck.
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