BIRD, JOHN U., Associate Judge.
The appellant was indicted on the 16th day of January, 1956 for murder in the first degree of Lydia Hutchinson in Palm Beach County and placed on trial, which resulted in a mistrial; and on the 4th day of June, 1956 the case was retried and resulted in a conviction of murder in the second degree and defendant was sentenced to the State Prison.
The homicide is shown to have taken place about 3 A.M. on the 4th of January, 1956...
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