DUCKWORTH, Chief Justice.
The defendant was indicted, tried, and convicted of murder, but the jury returned a recommendation of mercy. Thereafter he filed a motion for new trial which was heard and denied, and the exception is to that judgment. Held:
The accused admitted the killing, which occurred after he was pistol-whipped by the deceased and after he obtained the shotgun ostensibly to "whop" him with it as had been done to him with the pistol but...
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