Judgment unanimously reversed on the law and a new trial granted.
Memorandum:
This is an appeal from a judgment of conviction rendered upon a jury verdict finding the defendant guilty of murder in the first degree with a recommendation of leniency. The indictment was in the common-law form charging the defendant-appellant and one Marlowe with willfully, feloniously and with malice aforethought, shooting and killing one Harold Shaw. The proof indicated that...
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