Toby Atencio, hereinafter referred to as defendant, is before this court on writ of error to review a judgment entered by the trial court upon a verdict of a jury finding the defendant guilty of murder in the second degree. It was alleged in the information that the defendant "* * * on or about the 11th day of February, A.D. 1960 * * * did then and there feloniously, wilfully, and of his own malice aforethought...
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