Mr. Justice McINTYRE delivered the opinion of the court.
William Ballinger was convicted of three separate offenses of maliciously perpetrating an assault and battery upon a human being while armed with a dangerous or deadly weapon.
The offenses of assault and assault and battery were treated as constituting lesser included offenses in the primary charge of aggravated assault and battery with a deadly weapon. The jury found Ballinger guilty of the most serious...
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