DELL, CHIEF JUSTICE.
This matter is before us on a writ of error to review a judgment of conviction of murder in the third degree.
On January 16, 1959, the defendant was indicted by the grand jury of the crime of murder in the first degree. The indictment, among other things, alleged that the defendant, armed with a revolver or other instrument, did "assault, kill and murder [one] Patricia Gross, by then and there striking, stabbing, thrusting and cutting...
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