WENKE, Justice.
This is an error proceeding from the district court for Sioux County. A jury therein found Benito Garcia, petitioner in error and defendant below, guilty of murder in the first degree and fixed the penalty at life imprisonment in the penitentiary. The trial court imposed sentence accordingly and, from the overruling of his motion for a new trial, defendant brought this proceeding. We shall herein refer to Garcia as defendant.
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