BARNS, PAUL D., Associate Judge.
The State appealed from a final judgment discharging the defendant, after being convicted of murder in the second degree. We affirm.
The defendant-appellee was tried on an indictment for murder in the first degree, charging him with the killing of James E. Wilkerson from a premeditated design to effect his death "by shooting him with a deadly weapon." At trial, it was established that Dora, the wife of James, shot James in...
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