RILEY, Judge.
In this criminal prosecution of State of West Virginia against Lewis M. King, the defendant was indicted by a grand jury convened at the October term, 1953, of the Circuit Court of Monongalia County, for the commission of a felonious assault. Upon arraignment the defendant entered a plea of "Not guilty". A trial by jury was had, at which the defendant was found guilty of assault and battery. The defendant then moved the circuit court that the verdict...
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