Mathis v. State

MEMORANDUM OPINION

BLISS, Judge:

Appellant, Ronnie Mathis, hereinafter referred to as defendant, was charged conjointly with one Bruce Selby in the La-timer County District Court, Case No. CRF-75-26, for the offense of Shooting With Intent to Kill in violation of 21 O.S. 1971, § 652. The defendant was tried but was convicted of the lesser included offense of Assault and Battery with a Dangerous Weapon in violation of 21 O.S.1971, § 645, and pursuant thereto his punishment was fixed by a jury at a term of imprisonment of five (5) years. From this judgment and sentence a timely appeal has been…