MERRILL, Justice.
This appeal is from a death sentence after a conviction of murder in the first degree; and comes to this court under the Automatic Appeal Statute, approved June 24, 1943, and listed as Tit. 15, § 382(1)-382(13), 1958 Recompilation.
This is the second appeal in this case. Appellant appealed the death sentence in his first trial and we affirmed, Howard v. State, 273 Ala. 544,
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