GARDNER, P. J.
Rufus Smith was indicted at the September term, 1951, of Franklin Superior Court for murder, to which he pleaded not guilty. The defendant was tried under said indictment and a verdict returned finding him guilty of voluntary manslaughter, and he was sentenced on September 27, 1951, to serve from 3 to 7 years. Thereafter, the defendant prepared his original motion for new trial, and on September 28, 1951, the solicitor-general acknowledged service thereof...
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