OPINION
BLISS, Judge:
The Appellant, Phillip Bollinger, hereinafter referred to as defendant, was charged, tried before a jury and convicted in the District Court of Oklahoma County, Case No. CRF-75-2259, of the crime of Assault and Battery with a Deadly Weapon with Intent to Kill. Punishment was assessed at a term of five (5) years in the custody and control of the Department of Corrections of the State of Oklahoma...
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