KING, C. J.
The defendant was tried to the jury on a charge of assault with intent to murder in violation of General Statutes § 53-12. The charge arose out of the shooting of Lawrence Zernitz. The defendant was convicted of the lesser, included crime of aggravated assault, that is, assault with a deadly or dangerous weapon, in violation of General Statutes § 53-16. See State v. Mele,
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