HARWOOD, Judge.
The indictment against this appellant charged him with murder in the second degree, in that he "unlawfully and with malice aforethought killed Ella Wee Tays, by driving an automobile into, upon, over, or against her, but without premeditation or deliberation."
His jury trial resulted in a verdict and judgment of guilty of murder in the second degree.
His motion for a new trial being overruled appeal was perfected to this court.
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