OPINION
BLISS, Judge:
Sigemonde Wimberli, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Muskogee County, Case No. CRF-73-203, for the offense of Assault and Battery With a Dangerous Weapon, in violation of 21 O.S. 1971, § 645. He was sentenced to serve a term of three (3) years' imprisonment, and from said judgment and sentence a timely appeal has been perfected...
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