MEMORANDUM OPINION
BUSSEY, Judge:
Appellant, John Mixon, hereinafter referred to as defendant, was charged and tried in the District Court, Haskell County, Case No. CRF-73-24, for the offense of Shooting with Intent to Kill. The jury found him guilty of the lesser included offense of Assault with a Dangerous Weapon, in violation of 21 O.S. 1971, § 645, and fixed his punishment at five (5) years' imprisonment...
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