FOX, Judge.
On the 3rd day of June, 1947, a grand jury attending the Circuit Court of Clay County, returned an indictment against J. J. Mullins charging him with the murder of one Noah Chapman, Jr. At the June term, 1949, the case was called for trial, and a demurrer to the indictment was overruled, to which the defendant excepted at the time. The defendant then entered his plea of not guilty and a trial was had, resulting in the failure of the jury to agree upon...
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