WHITE, Justice.
The plaintiff in error, defendant below, was indicted, tried and convicted of an assault with intent to commit murder in the second degree upon the person of Arthur Stansberry, and the jury fixed his punishment at five years confinement in the State Penitentiary. The court entered a correct judgment sentencing him to serve not less than one nor more than five years in the State Penitentiary.
His motion for a new trial was seasonably made and...
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