POWELL, J.
The plaintiff in error, Hosea Henderson, hereinafter referred to as defendant, was charged by information filed in the district court of Muskogee county with the crime of murder by the fatal shooting on October 10, 1949, of Nip Lockridge. The defendant was tried before a jury on the 28th and 29th of November, 1949. The jury did not agree and was discharged, but the case was reset and retried on December 28, 1949. The second jury by its verdict found the...
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