OPINION
BRETT, Judge.
Plaintiff in Error, Verdell B. Sexton, Jr., hereinafter referred to as defendant, was tried by a jury in the District Court of Tulsa County, Oklahoma, for the offense of Shooting with Intent to Kill; found Guilty and sentenced to serve five (5) years under the custody and control of the Oklahoma State Department of Corrections. From that judgment and sentence this appeal has been perfected...
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