HUNSICKER, P. J.
The appellant herein, Walter J. Byomin, was indicted and tried for and convicted of the offense of purposely and willfully taking the life of a police officer of the village of Wellington, Ohio, named Edmund G. Smith, while such officer was in the discharge of his duties. The statute covering this offense is Section 2901.04, Revised Code, and it reads as follows:
"No person shall purposely and willfully kill a sheriff, deputy sheriff, constable...
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