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WOODY v. STATE

No. A-17168.

493 P.2d 1115 (1972)

Ellington Hershel WOODY, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.

Court of Criminal Appeals of Oklahoma.

January 26, 1972.

Attorney(s) appearing for the Case

Don Anderson, Public Defender, Oklahoma County, for plaintiff in error.

Larry Derryberry, Atty. Gen., for defendant in error.

BUSSEY, Presiding Judge:

Ellington Hershel Woody, hereinafter referred to as defendant, was charged in the District Court of Oklahoma County, Oklahoma with the offense of Assault and Battery with a Deadly Weapon with Intent to Kill. He was found guilty of the included lesser offense of Assault with a Dangerous Weapon; he was sentenced to a term of five (5) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.

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