Spratley, J., delivered the opinion of the court. D. J. Sidney Dawkins was indicted under Virginia Code, 1942, (Michie), section 4402, the charge being that he “in and upon one Robert C. Rogers feloniously did make an assault and him, the said Robert C. Rogers, then and there unlawfully, feloniously and maliciously did strike, beat and wound and did then and there unlawfully, feloniously and maliciously cause b…
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