GIVEN, Judge.
Defendant, James Harlow, was convicted of second degree murder in the fatal shooting of Carl Compton, on November 15, 1950, and sentenced to confinement in the state penitentiary, for a term of not less than five nor more than eighteen years, by the Intermediate Court of Kanawha County, that court having entered judgment on March 2, 1951. On June 29, 1951, defendant, by counsel, tendered and filed before the Circuit Court of Kanawha County his petition...
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