OPINION
BUSSEY, Presiding Judge:
On September 28, 1976, John Barry Duke, hereinafter referred to as defendant was charged in Case No. CRM-76-1251 with commission of the crime of Assault and Battery Upon a Police Officer, in violation of 21 O.S. 1971, § 649. On October 5, 1976, the defendant was arraigned and entered a plea of not guilty. Then on October 12, 1976, the defendant filed a motion to set aside the...
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