POWELL, J.
The plaintiff in error, Homer Lott, hereinafter referred to as defendant, was charged by information filed in the district court of Osage county with the crime of assault with a dangerous weapon, was tried, convicted, and sentenced to serve a term of 18 months in the State Penitentiary. Appeal has been duly perfected to this court.
The information was drawn under section 1870, O.S. 1931, Tit. 21 O.S.A. § 645, reading as follows:
"Every...
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