ON PETITION TO TRANSFER
PRENTICE, Justice.
Defendant (Appellant-Respondent) was charged with assault and battery with intent to kill and was convicted in a trial by jury of aggravated assault and battery and was sentenced to imprisonment for a term of not less than one nor more than five years under Burns Ind. Stat. Ann. § 10-410; IC 35-13-3-1; Acts 1963, ch. 122, § 1.
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