JONES, Judge.
The defendant, Roy Hutchinson, was charged by an information filed in the District Court of Garfield County with the crime of assault with a dangerous weapon, was tried and found guilty by verdict of the jury which being unable to agree upon the punishment, left the punishment to be fixed by the court. Thereafter the accused was sentenced to serve three years in the penitentiary and has appealed.
The following assignments of error are presented...
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