RADCLIFF, P. J.
The defendant was indicted by the September 1961 Grand Jury of Highland County, Ohio, for violation of Section 2901.23 of the Revised Code. This section defines the crime of maliciously shooting with intent to kill or wound. The activity which resulted in the indictment took place on August 8, 1961, in the city of Greenfield, Highland County, Ohio. Trial was had to a jury, resulting in a finding of not guilty of maliciously shooting but guilty of assault...
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