BRICKEN, Presiding Judge.
The indictment charged appellant, defendant below, with the offense of murder in the second degree, in that, he unlawfully and with malice aforethought killed Robert Dobbins by shooting him with a gun, or pistol, but without premeditation or deliberation, etc.
Upon the trial in the lower court he was convicted of the offense of manslaughter in the second degree, and his punishment
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