BURNETT, Justice.
Waldie was indicted, tried and convicted for the homicide of Herbert Martin. The conviction was for murder in the first degree with punishment fixed at death by electrocution. He has seasonably appealed.
On the day of the homicide the deceased, a construction foreman, and a fellow employee drove from Atlanta, Georgia, to Chattanooga preparatory to doing some work there. They arrived in Chattanooga at about 4:45 o'clock P.M., registered at...
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