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ELDER v. STATE

No. F-86-358.

755 P.2d 690 (1988)

Larry Bernard ELDER, Appellant, v. STATE of Oklahoma, Appellee.

Court of Criminal Appeals of Oklahoma.

May 12, 1988.

Attorney(s) appearing for the Case

E. Alvin Schay, Appellate Public Defender, Norman, for appellant.

Michael C. Turpen, Atty. Gen., P. Kay Floyd, Asst. Atty. Gen., Oklahoma City, for appellee.

OPINION

BUSSEY, Judge:

The appellant, Larry Bernard Elder, was tried in the District Court of Wagoner County in Case No. CRF-84-211 for the crime of Shooting with Intent to Kill, but was convicted of the crime of Assault and Battery with a Deadly Weapon and sentenced to three (3) years imprisonment, and he appeals.

Briefly stated the facts are that on December 29, 1984, appellant shot the victim, Don Barnes...

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