
    4095.
    Smith v. The State.
    Decided May 7, 1912.
    Indictment for assault with intent to murder; from Miller superior court — Judge Worrill. February 3, 1912.
    
      W. I. Geer, for plaintiff in error.
    
      J. A. Laing, solicitor-general, B. B. Arnold, contra.
   Pottle, J.

On all material questions this ease is controlled by the decision this day rendered in Kirksey v. State, ante, 142.

Judgment affirmed.  