OPINION
BLISS, Presiding Judge:
Appellant, James Howard Gordon, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, Case No. CRF-70-3611, for the offense of Assault with a Dangerous Weapon under 21 O.S. 1971, § 645. His punishment was fixed at five (5) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court.
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