HOLMES, Justice.
The plaintiff in error, G.B. Messer, hereinafter referred to as defendant, was convicted of murder in the second degree. He was sentenced to serve not less than ten years nor more than ten years in the State Penitentiary.
It is uncontroverted that on the night of January 9, 1962 the defendant shot and killed one Bill Ball. The shooting occurred in the defendant's home, in which Ball together with his wife and two children were then living...
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