Judgment reversed on the law and the facts and a new trial granted.
The defendant was charged with shooting and killing one Moore. It appears that a barbecue was being held in the backyard of a house in which the defendant occupied one of several apartments on the third or top floor. Defendant and Moore engaged in a fist fight. Upon intervention of bystanders, defendant left the barbecue and thereafter appeared with a shotgun on the back porch of the top floor. Moore...
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