MEMORANDUM OPINION
BLISS, Judge:
Appellant, Ronnie Mathis, hereinafter referred to as defendant, was charged conjointly with one Bruce Selby in the Latimer County District Court, Case No. CRF-75-26, for the offense of Shooting With Intent to Kill in violation of 21 O.S. 1971, § 652. The defendant was tried but was convicted of the lesser included offense of Assault and Battery with a Dangerous Weapon in violation...
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