WHITTLE, Justice.
This case is before us upon a writ of error to a final judgment entered on the 9th day of July, 1963, wherein appellant, Malcolm Leon Ward, Jr., herein sometimes referred to as defendant or Ward, was found guilty of the first degree murder of Donald G. Cooley and sentenced to 40 years in the penitentiary.
The record discloses the following material proceedings in the trial court:
On the 3rd day of July, 1962, defendant was charged...
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