OPINION
BLISS, Judge.
The appellant, Larry Gordon Maloy, hereinafter referred to as defendant, was charged in the District Court of Washington County, Case No. CRF-74-124 with the crime of Assault and Battery with Intent to Kill. After a lengthy trial, the jury returned a verdict of guilty of the lesser included offense of Assault and Battery with a Dangerous Weapon. Punishment was assessed at a term of five (5) years in the custody of the Oklahoma State...
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