AFFIRMED.
LATOURETTE, J.
Defendant was convicted of murder in the first degree and appeals. On the 9th day of January, 1951, defendant entered the store of H. Nathan Butler in Portland and ordered a package of cigarettes. While Butler was ringing up the sale on the cash register, defendant took a revolver from his pocket, told Butler it was a holdup and to give him the money in the till. Defendant thereupon fired his revolver five times, two of the bullets...
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