WILLIAMS, J.
The defendant was tried on an indictment for the murder of one Henry Foster and was convicted of manslaughter. The case is here on his appeal, with a summary of the record, a transcript of the evidence, and an assignment of errors as provided in G.L. (Ter. Ed.) c. 278, §§ 33A-33G, as amended. It was uncontroverted at the trial that, in the early evening of November 5, 1953, the
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