WHITE, Justice.
Henry Smith, Jr. was indicted, tried and convicted for the killing of the proprietor of a liquor store in Memphis, Tennessee, on September 2nd, 1960 with a pistol while in the perpetration of a robbery. The jury found him guilty and sentenced him to death by electrocution. His motion for a new trial was overruled.
This conviction was appealed to this Court and upon consideration of the assignments of error set out therein the conviction was...
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