POWELL, P.J.
Augustus Sholes was charged in the district court of Muskogee county with the murder of Nathaniel Pannell, shown by the evidence to have been his second cousin. The jury found him guilty of manslaughter in the first degree, but being unable to agree upon the extent of punishment left this to the court, who assessed a penalty of twelve years confinement in the State Penitentiary.
Evidence offered by the defendant discloses that he is a Negro who...
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