March 19, 1964.
BRAILSFORD, Justice.
The defendant John Kirby was tried at the March, 1963, term of the Spartanburg County Court upon an indictment charging him with assault and battery of a high and aggravated nature. He was convicted as charged and sentenced to serve a term of three years, suspended upon the service of ninety days and probation for three years.
The evidence for the State tended to establish that, without just cause or excuse, the...
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