BELL, Chief Judge.
Defendant was convicted of theft by taking a pistol alleged to be of a value of more than $100 and of aggravated assault with a deadly weapon. Held:
1. The state by its evidence showed that defendant assaulted a police officer with the latter's pistol by pointing and firing the pistol at him during a physical struggle and then fled taking the pistol. The defendant testified in his own behalf that the officer in attempting to handcuff...
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