BURNETT, Chief Justice.
The defendant was tried and convicted on a two count indictment in the Davidson County Criminal Court. He had been tried on the same indictment at a prior term of the same court, but the jury had been unable to agree on a verdict and the trial judge had declared a mistrial. At the second trial, the jury, in a verdict hereinafter set forth, found the defendant guilty and assessed his punishment at confinement in the State penitentiary for a...
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