BUSSEY, Presiding Judge:
Leroy Huff, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Kiowa County for the offense of Assault with a Deadly Weapon with Intent to do Bodily Harm; his punishment was fixed at four (4) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.
Briefly stated, the evidence at the trial adduced that on March 4, 1969, John Kibble was shot...
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