SPENCER, Justice.
This is a criminal action instituted in the district court for Holt county charging defendant James K. Newman with murder in the first degree. The jury found the defendant guilty of murder in the second degree. Defendant was sentenced to life imprisonment and has perfected an appeal to this court.
Defendant was charged with the murder of Delbert Addison, the marshal in the village of Stuart, Nebraska, hereinafter referred to as decedent....
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