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THOMAS v. STATE

No. 45038.

217 So.2d 287 (1968)

Jacob THOMAS v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied January 20, 1969.

Attorney(s) appearing for the Case

Jones H. Hoskins, Cleveland, for appellant.

Joe T. Patterson, Atty. Gen., by G. Garland Lyell, Jr., Asst. Atty. Gen., Jackson, for appellee.

GILLESPIE, Presiding Justice:

Jacob Thomas was indicted for assault and battery by intentionally pointing and aiming a pistol at one Eddie Evans and discharging the pistol and wounding Evans. The indictment was brought under Mississippi Code 1942 Annotated, section 2013 (1956), which provides as follows:

Any person who shall intentionally point or aim any gun, pistol, or firearm at or toward another, except in self-defense or in the lawful discharge of official...

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