PARKER, Justice.
The State's evidence is to this effect:
About eleven o'clock p. m. on 21 April 1962 Theodore Sutton went into the defendant's store on the Greenville Highway to buy some ice cream. While a man was dipping up ice cream for him, the defendant came out of the back where drinks were kept, and struck Sutton on the back of his head with something that looked like a sawed-off pool stick handle, saying "I told you to stay out of here." Sutton whirled...
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