HARWOOD, Justice.
This appeal is from a judgment, entered pursuant to a jury verdict finding the appellant guilty of murder in the first degree, and fixing his punishment at imprisonment in the penitentiary for life. This is a second appeal in this case. Upon his first trial the appellant was adjudged guilty of murder in the first degree, and his punishment was fixed at death. Tiner v. State, 271 Ala. 254,
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