RODGERS, Justice:
The appellant was indicted, tried and convicted in the Circuit Court of Clay County, Mississippi, on a charge of assault and battery by pointing, aiming, discharging and injuring one Richard Simmons with a pistol as defined by Section 2013 Mississippi Code 1942 Annotated (1956). He was sentenced to serve a term of four years in the state penitentiary. He has appealed from the judgment and sentence of the circuit court to this Court and now contends...
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