DICE, Commissioner.
The conviction is for murder without malice; the punishment, five years in the penitentiary.
The homicide occurred on the afternoon of July 6, 1952, at the La Rosita Inn, located on the highway between Freer and San Diego in Duval County.
According to the state's witnesses, the deceased was seated at a booth talking to two women when the appellant entered the place. Appellant went directly to the booth where the deceased was seated...
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