BRETT, Judge.
Plaintiff in error Jerry Coulter, defendant below, was charged by information in the district court of McCurtain county, Oklahoma, with the crime of assault and battery with a deadly weapon with intent to kill, Title 21, § 652, O.S. 1951. The assault was allegedly committed on or about the 21st of November 1953 with a certain .38 caliber automatic pistol by shooting one Emma Butler with the same and inflicting upon her certain serious bodily wounds...
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