OPINION
BUSSEY, Judge:
The appellant, Jesus Varona Sardinas, was tried in the District Court of Creek County for the crime of Shooting with Intent to Kill in Case No. CRF-83-53, and the jury returned a verdict of guilty of the lesser included offense of Assault and Battery with a Dangerous Weapon and set punishment at two (2) years imprisonment, and he appeals.
For his sole assignment of error appellant...
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