SPALDING, J.
This is a petition for a writ of error to reverse a judgment in a criminal case. In an indictment containing two counts, the petitioner was charged with murder in the second degree. In the first count, it was charged that on December 7, 1957, the petitioner "did assault and beat ... [his wife] with intent to murder her, by being feloniously and of his malice aforethought present, aiding, inciting and abetting ... [his wife] to do and commit, in and upon...
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