SKEEL, J.
This appeal comes to this court on questions of law from a judgment of guilty of murder in the first degree without a recommendation of mercy entered upon the verdict of a jury at the conclusion of the trial of the case.
The record shows that the defendant filed his bill of exceptions out of rule, and, upon motion by the state, it was stricken from the file. The defendant, by oral motion, presented to this court at the beginning of the hearing of...
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