BROWN, Justice.
This is the third appeal by the defendant in this case. On the first trial under the indictment for murder in the first degree, he was convicted of murder in the second degree and sentenced to the penitentiary for forty years. On appeal to this court the judgment was reversed. Stephens v. State, 250 Ala. 123, 33 So.2d 245.
After remandment at the regular session of the Circuit Court of Covington County, on October 11, 1948, following the correct...
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