OPINION
BLISS, Presiding Judge:
The appellant, Montey Allan Mays, hereinafter referred to as defendant, was charged, tried before a jury, and convicted in the District Court of Comanche County, Oklahoma, Case No. CRF-73-299, of the crime of Child Beating. Punishment was assessed at a term of three (3) years imprisonment in the state penitentiary, and from said judgment and sentence the defendant has perfected his timely appeal.
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