EATHER, Chief Justice.
The defendant is the appellant, and the plaintiff is the respondent in this court. The parties will be referred to herein as plaintiff and defendant as in the lower court.
Ferdinand Bourdlais, also known as Vernon Bourdlais, was tried, convicted, and sentenced to death upon a charge of murdering Ward Budzien, Sr., on or about May 21, 1952, and he has appealed, contending that his trial was not fair nor in accordance with law.
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