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No. 76. Mcbride V. The State. Error to Yell Circuit Court.

 Affirmed. Opinion by Johnson, c. J.

 Indictment for an assault with intent to main: the defendant acquitted of the intent, but convicted of the assault:

 Held, that he might well be convicted of the assault, it being an offence of the same class and of minor grade. sa W. Walker, for plaintiff.

 Watkins, .4tto. Gen, contra.