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VAUGHN v. STATE

6 Div. 14.

227 So.2d 801 (1969)

Herschell VAUGHN v. STATE.

Court of Criminal Appeals of Alabama.

Rehearing Denied November 4, 1969.

Attorney(s) appearing for the Case

Roy D. McCord, Gadsden, for appellant.

MacDonald Gallion, Atty. Gen., and Robt. E. Morrow, Asst. Atty. Gen., for the State.

PRICE, Presiding Judge.

The indictment charged assault with intent to murder. Conviction was for the offense of assault and battery.

The verdict of the jury was as follows:

"We, the Jury, find the defendant guilty of assault and battery and refuse to fix the punishment."

The sentence of the court reads:

"* * * that the State of Alabama for the use of Blount County have and recover of the defendant six months hard labor."

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