Court of Criminal Appeals of Oklahoma November 13, 1979, No. F-78-574 (Carder v. State)

OPINION

BUSSEY, Judge:

Appellant, Howard Lee Carder, Sr., hereinafter referred to as defendant, was charged in the District Court, Okmulgee County, Case No. CRF-77-95, for the offense of Shooting With Intent to Kill, in violation of 21 O.S.Supp.1976, § 652. He was tried by a jury and found guilty of Assault Upon a Person With a Dangerous Weapon, in violation of 21 O.S.1971, § 645.