OPINION
BUSSEY, Judge:
Appellant, James Edward Anthamatten, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Tulsa County, Oklahoma, for the offense of Assault and Battery With a Dangerous Weapon, After Former Conviction of a Felony; his punishment was fixed at a term of not less than five (5) nor more than ten (10) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected...
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