Plaintiff in error, Elmer Leander Quinn, hereinafter referred to as defendant, was charged by information with the crime of Assault and Battery with a Dangerous Weapon with Intent to Do Great Bodily Harm (21 O.S., § 646), in the District Court of Oklahoma County, Case No. CRF-69-1172. Defendant was tried by a jury which returned a verdict finding him guilty of the lesser included offense of aggravated assault...
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