BRETT, J.
The plaintiff in error, Ernest Seals, defendant below, was charged by amended information in the district court of Kiowa county, Oklahoma, with the murder of Johnny William Fails, a child five years of age. More specifically the amended information charged that "on or about November 23, 1948, the said Ernest Seals did beat and strike the said Johnny Williams Fails on and about the head, thereby inflicting mortal wounds and injuries, from which mortal wounds...
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