DOYLE, J.
Charles Robinson was indicted by the Grand Jury of Mahoning County for murder in the first degree, charged with the fatal shooting of one, Pedro Hernandez Vasquez. The accused was tried on the indictment by three judges of the Court of Common Pleas, after the defendant waived a trial by jury in writing. Pursuant to this form of statutory trial, the court found:
"We, the court in this case, find the defendant, Charles
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