OPINION
WOODLEY, Presiding Judge.
The offense is murder with malice; the punishment, 10 years.
Trial was before a jury on a plea of not guilty. The state having waived the death penalty and the jury having found appellant guilty of murder with malice, the court assessed the punishment.
The facts necessary for consideration and disposition of the grounds of error set forth in appellant's brief, filed in the trial court, reflect the following...
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