PRENTICE, Justice.
Defendant (Appellant) was convicted in a trial to the judge of Assault and Battery with Intent to Kill and of Kidnapping, being respectively Burns Ind. Stat. Ann. § 10-401a (Acts 1959, ch. 49, § 1, p. 119), IC 35-13-2-1 and Burns Ind. Stat. Ann. § 10-2901 (Acts 1905, ch. 169, § 358, p. 584; 1929, ch. 154, § 1, p. 477), IC 35-1-55-1. Two issues are presented by his appeal, to-wit:
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