OPINION
BRETT, Judge:
Appellant, Richard C. Orrill, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Osage County, Case No. CRF-71-1018, for the crime of Assault and Battery with a Dangerous Weapon. He was sentenced to serve a term of five (5) years in the state penitentiary in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court. Judgment and sentence affirmed.
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