OPINION
BUSSEY, Judge:
O.D. Callaway, hereinafter referred to as defendant, was charged and tried in the District Court, Cotton County, Case No. CRF-71-25, for the offense of Shooting with Intent to Kill. A jury found the defendant guilty of the lesser included offense of Assault and Battery with a Dangerous Weapon and fixed his punishment at three (3) years imprisonment. From said judgment and sentence, a timely appeal has been perfected to this Court....
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