DYER, Justice.
The defendant was put to trial upon two separate indictments. One indictment, involving the alleged theft of an automobile in February 1962, charged larceny and receiving stolen property. The other indictment charged assault and battery alleging defendant in May 1962 did unlawfully make an assault upon the body of Bill Scoggins using his hands and fists. Upon close of the State's proof the Trial Judge instructed the jury to return a verdict of not guilty...
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