JOHNSON, Judge.
Appellant was indicted for first degree murder and convicted of second degree murder and appeals to this Court from a verdict and judgment of sixteen years in the penitentiary.
On the afternoon of February 8, 1962, defendant, Thomas Hoyt Wright, and Willie NeSmith were both drinking at a tavern located on the Jefferson-Walker County line. Wright drank two cans of beer, which were his third and fourth for the day. Each of the imbibers owned...
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