OPINION
BUSSEY, Judge.
Appellant, Russell Gary Fox, hereinafter referred to as the defendant, was charged in the District Court, Oklahoma County, Case No. CRF-75-1698, with the offense of Assault and Battery with a Deadly Weapon with Intent to Kill, in violation of 21 O.S. 1971, § 652. He was tried before the court, after waiving his right to trial by jury, and convicted of the aforementioned crime. His punishment...
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