ALMAND, Justice.
Ralph Fountain, under an indictment charging him with the murder of William Hansel Smith by shooting him with a pistol, was tried and found guilty of murder with a recommendation to mercy, and was sentenced to life imprisonment. His motion for a new trial as amended was overruled, and the case is here on exceptions to that ruling.
1. The court charged the jury a part of Code § 38-107, as follows: "In considering this case, the jury may...
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