Robert Johnson and Christie Johnson, his brother, were indicted, with one Patridge, for assault and battery upon Bennie Ray, Town Marshall for the City of Eupora, with intent to kill and murder him. Mississippi Code 1942 Annotated section 2011 (1956). Patridge obtained a severance and appellants were tried together. They were convicted and sentenced to serve a term of four years in the penitentiary.
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