BEAUCHAMP, Judge.
The appeal is from a conviction for murder "with malice aforethought" in which the jury assessed a penalty of five years in the penitentiary and declined to suspend the sentence.
Appellant and the deceased were young Negroes living in the Moscow community in Polk County. There is quite a conflict in the evidence as to what occurred prior to the killing, but the important details of the murder itself are not so much in dispute. It was evidently...
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