PRICE, Judge.
Appellant was indicted jointly with one Wright for the offense of murder in the second degree. On motion of defendant a severance was granted and defendant was tried first. The trial resulted in a conviction for the offense charged and a sentence to the penitentiary for a term of fifteen years. The case was appealed to this court where it was reversed and remanded. Berness v. State, 38 Ala.App. 1,
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