Fox v. State

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 was fixed by the court at ten (10) years’ imprisonment in the State Penitentiary. From said judgment and sentence, a timely appeal has been perfected to this Court.

The State called as…