MOISE, Justice.
The appellant was charged with killing and murdering one Charles Frank Shockley.
The facts are briefly these. October 25, 1958, being the first day of the pheasant season, the deceased and one Bobby Harmon left their homes in Raton about 6:00 a.m. and proceeded south to what is known as the French tracts for the purpose of hunting pheasants. About two hours later they drove off of a dead end road onto a piece of property and walked a distance...
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