DEEDS, J.
This is an appeal by the defendant from a judgment and sentence to the penitentiary by the Court of Common Pleas of Lucas County. The defendant was tried and found guilty by a jury, on an indictment charging a violation of Section 2901.23, Revised Code, which section provides as follows:
"No person shall maliciously shoot, stab, cut, or shoot at another person with intent to kill, wound, or maim such person.
"Whoever violates this section...
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