HOLMAN, Commissioner.
Appellant, Kenneth Baker, hereafter referred to as the defendant, was found guilty of the murder, in the second degree, of Jesse Leroy Miller, and his punishment assessed by the jury at imprisonment in the penitentiary for 25 years. From the ensuing judgment and sentence he has appealed.
It is admitted that Miller died on June 12, 1953, immediately after being struck by a bullet from a gun in the hands of the defendant. The incident occurred...
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