SMITH, J.
This is an appeal by Lawrence King from a judgment of the Circuit Court of Lauderdale County denying his motion for a new trial.
King was indicted for murder at the April 1960 Term of Circuit Court of Montgomery County. Venue was changed to Lauderdale County. In August 1960 the case was tried, but the jury was unable to agree upon a verdict. In September 1960, the case was brought to trial again and a jury selected, but before the taking of testimony...
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