NICHOLS, Presiding Judge.
The defendant was indicted under Code § 26-1405, such indictment charging him "with the offense of assault with intent to rob, for that the said Alfred Middlebrooks, on 25th day of June, 1962, in the county aforesaid, did then and there, unlawfully and with force and arms unlawfully and maliciously make an assault and battery upon one Henry Roberts, with intent then and there to rob him, said assault being made with the hands...
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