ARTL, C. J.
This is an appeal on questions of law from a judgment entered by the Court of Common Pleas upon the verdict of a jury finding appellant, Swanson, and co-defendant Childs guilty of assault with intent to rob one Harry Knight, under one count of the indictment, and of assault and battery, a lesser included offense, with respect to a second count of aggravated assault upon one Moses F. Hammons. The within appeal relates to Kenneth Swanson alone.
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