SUTTON, Justice.
Opie Sowards, plaintiff in error, will hereinafter be referred to either as the defendant or by name.
A jury found Sowards guilty of violating C.R.S. '53, 40-2-34 by committing an "* * * assault upon the person of Homer Hugh Boyd with a deadly weapon with intent to commit a bodily injury upon the person of the said Homer Hugh Boyd in manner and form as charged in the information." Sowards was thereafter sentenced to a term in the State Penitentiary...
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