NEIL, Chief Justice.
The plaintiff in error has appealed from a conviction of murder in the second degree. The assignments of error are, (1 and 2), that the evidence preponderates in favor of appellant's innocence and against the verdict of the jury, (3) that the uncontroverted evidence shows "that the defendant shot the deceased in his own necessary self-defense", (4) that a new trial should have been granted because one of the jurors "did not hear all of the statements...
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