Motion for Rehearing or to Transfer to Court en Banc Denied October 12, 1953.
CONKLING, Judge.
This case came to the writer upon reassignment. Portions of the previously prepared opinion are hereinafter used without quotation credit.
Defendant, John Henry Smith, has appealed from a judgment of conviction of murder in the second degree. He was sentenced upon the jury's verdict to 35 years' imprisonment in the state penitentiary.
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