OPINION
BUSSEY, Judge:
Appellant, Howard Lee Carder, Sr., hereinafter referred to as defendant, was charged in the District Court, Okmulgee County, Case No. CRF-77-95, for the offense of Shooting With Intent to Kill, in violation of 21 O.S.Supp. 1976, § 652. He was tried by a jury and found guilty of Assault Upon a Person With a Dangerous Weapon, in violation of 21 O.S. 1971, § 645. His punishment was...
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