OPINION
BLISS, Presiding Judge:
Appellant, Gary Lew Brown, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, Case No. CRF-72-1466, for the offense of Assault and Battery With a Dangerous Weapon Weapon With Intent to Do Bodily Harm, his punishment was fixed at three (3) years imprisonment, and from that judgment and sentence, an appeal has been perfected to this Court.
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