GILLESPIE, Chief Justice:
Clint Collier was convicted in the Circuit Court of Neshoba County of assault and battery with intent to kill and murder. He was sentenced to serve three years in the penitentiary.
The State offered testimony that Aubrey and Billy Kilpatrick were cultivating land in a rural area to which access was made by a dirt road that passed defendant's home. As Aubrey Kilpatrick was traveling south on this road he looked to his left and saw...
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