COUNIHAN, J.
On December 10, 1954, the grand jury for the county of Norfolk returned an indictment against the defendant, the first count of which charged that the defendant on or about November 4, 1954, at Norwood "did assault and beat Geraldine Annese, with intent to murder her, and by such assault and beating did kill and murder the said Geraldine Annese"; the second count is substantially the same as the first except that after the words "with intent to murder...
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