HARWOOD, Presiding Judge.
This appellant was indicted for murder in the first degree.
In a previous trial he was adjudged guilty of murder in the second degree. On appeal this original judgment was reversed, and the cause remanded to the lower court.
Upon the call of the case for retrial the appellant moved for a continuance on the grounds that the appellant had not been arraigned as in a capital case; that there had been no order setting the case...
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