GIVEN, Judge.
The defendant, Elmer David Bruner, was indicted by a grand jury of the Common Pleas Court of Cabell County at the June, 1957, Term, for the murder of Ruby Miller. The homicide occurred on the twenty-seventh day of May, 1957. A jury, on June 29, 1957, returned a verdict of "guilty of murder in the first degree as charged in the within indictment", without recommendation. The court, on August 2, 1957, adjudged that defendant "be put to death by electrocution...
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