Court of Appeals of Arizona June 18, 1971, No. 2 CA-CR 233 (State v. Dixon)

HOWARD, Judge.

Contrary to his plea, appellant was convicted by a jury of assault with a deadly weapon, to-wit a gun, in violation of A.R. S. Sec. 13-249 as amended. He was sentenced to a term of not less than four nor more than five years in the Arizona State Prison. The victim was shot by the appellant after a controversy arose during a dice game.