NEIL, Chief Justice.
The plaintiff in error, who will be later referred to as the defendant, was convicted in the criminal court of Knox County of voluntary manslaughter and sentenced to the penitentiary for not less than two (2) and not more than ten (10) years.
While numerous assignments of error are assigned to the action of the trial court in refusing to grant defendant a new trial we think the determinative question is whether or not the deceased died...
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