HARRIS, Chief Justice.
Appellant, Lawrence Smith, was charged by information with the crime of murder in the first degree, it being alleged that Smith murdered Cary C. Cundiff, by shooting him with a .22-caliber rifle, "with premeditation, deliberation, and malice aforethought, and committed in the attempt to and in the perpetration of robbery of the said Cary C. Cundiff." The court appointed reputable counsel for appellant, and pursuant to their motion filed,
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