Motion for Rehearing or to Transfer to Court En Banc Denied December 14, 1964.
HOLMAN, Judge.
Charged by indictment with the offense of murder in the second degree defendant, Benjamin Jeal Smith, was found guilty and his punishment fixed by the jury at imprisonment in the penitentiary for a term of fifteen years. See §§ 559.020 and 559.030 (all statutory references are to RSMo 1959, V.A.M.S.). He has appealed from the judgment and sentence.
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