JONES, J.
The defendant, Moses A. Collins, was charged by an information filed in the district court of Payne county with the crime of murder; was tried, found guilty of manslaughter in the first degree by verdict of the jury, who were unable to agree upon the punishment and left it to be fixed by the court. Thereafter, the defendant was sentenced to serve a term of 40 years' imprisonment in the penitentiary and has appealed.
Two propositions are presented...
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