WILLIAMS, Judge.
This is an appeal from a judgment of the Harrison Circuit Court overruling appellant Nimrod Wedding, Jr.'s motion for relief under RCr 11.42.
Wedding was tried for murder in March 1961. The jury could not reach a verdict. A second trial in November 1961 resulted in conviction and the death sentence. On appeal to this Court an opinion was delivered affirming the judgment, whereupon the appellant petitioned for a rehearing.
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