ALMAND, Justice.
The defendant was indicted for murder. Upon the call of the case, he filed a special plea of insanity. A special jury was impaneled to try the plea, and a verdict was returned finding against the plea. The defendant was then put on trial for murder, and was convicted without a recommendation of mercy. He filed a motion for new trial upon his special plea and upon his conviction of murder. These motions were denied, and he excepts to these judgments...
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