HOBSON, Judge.
Appellant appeals a judgment and sentence to five years in prison for the crime of assault with intent to commit second degree murder. The facts of this case as they appear from the record are somewhat confusing but as we glean them the following circumstances led up to the judgment and sentence appealed.
On March 8, 1973, an information was filed charging appellant with assault with intent to commit first degree murder. On March 19, 1973, the...
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