OPINION
BUSSEY, Judge:
Appellant, Mark H. Schneider, hereinafter referred to as defendant, was charged and tried in the District Court, Pawnee County, Case No. CRF-71-30, for the offense of Attempted Rape. The jury found him guilty of the lesser included offense of Assault and Battery With Intent to Commit a Felony, in violation of 21 O.S. 1971, § 681, and fixed his punishment at three (3) years' imprisonment...
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