MEMORANDUM OPINION
SIMMS, Judge:
Terry Womack, hereinafter referred to as appellant, was charged, tried, and convicted by a jury in the District Court of Stephens County, Oklahoma for the offense of Assault and Battery with a Dangerous Weapon; and he was sentenced to serve a term of five (5) years in the Oklahoma State Penitentiary, from which judgment and sentence, he has perfected an appeal to this Court.
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