BELCHER, Commissioner.
The conviction is for murder without malice; the punishment, five years in the penitentiary.
The testimony shows without dispute that the appellant was operating his cafe at the time in question, decided to close it, and went to his residence located about 75 feet to the rear of the cafe to get the keys. He left the deceased in the cafe and Eldon Jett followed him to the outside. Upon appellant's return Jett had re-entered the cafe and...
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