The plaintiff in error Kirby Stevens, defendant below, was charged by information in the district court of Haskell county, Oklahoma, with the crime of assault with intent to kill, T. 21, § 652, O.S.A., 1941. More particularly it was alleged that on August 4, 1947, armed with a 45 caliber automatic pistol he shot Olen Smith, city marshal, with intent to kill. To this charge the defendant entered a plea...
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