CONN, J.
On April 9, 1953, the Grand Jury of Erie County returned an indictment against the defendant, Johnnie Morris, wherein it was alleged that on April 5, 1953, defendant "unlawfully, purposely and with deliberate and premeditated malice, killed one Huston Pickett * * *."
To this indictment, the defendant pleaded not guilty. Upon trial, the jury returned a verdict of guilty as charged, with a recommendation of mercy. Motion for new trial was overruled...
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