SUTTON, Justice.
Defendant was charged by information with the premeditated murder of his wife, Mary Constance Mills, also known as Mary Martinez Mills, on May 14, 1957. He was convicted of the crime of second degree murder and sentenced to from thirty-eight years to life in the state penitentiary. He seeks review by writ of error.
This matter is before this court for the second time. On a previous writ of error a conviction of first degree murder was
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