PREWITT, Chief Justice.
John (Bud) Thomas, the defendant below, was convicted of murder in the second degree, and sentenced to serve not more than fifteen years in Prison.
This appeal in error resulted and it appears from the record that about noon on Sunday, July 17, 1960, the defendant age 38, and deceased about 41, together with several other men were engaged in a dice game being played in a secluded area of East Chattanooga known as Curtain Pole Woods...
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