OPINION
UTTER, Justice.
This is an appeal from a conviction for aggravated assault. After the jury found the appellant guilty, the appellant waived the jury as to punishment, and the trial court then assessed punishment at five (5) years in the penitentiary with a $250.00 fine and granted probation.
The testimony reflects that appellant was a passenger in a pick-up truck from which numerous shots were fired wounding the complaining witness, Moises...
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