OPINION
DYER, Justice.
Kellis M. Tate appeals from a conviction of murder in the second degree for which he has been sentenced to serve ten years in the State Penitentiary. This conviction is for murder of one, Charles Ogle, and in this opinion Kellis M. Tate will be referred to as defendant or by name and Charles Ogle as deceased or by name.
Tate and Ogle were both employed by Lambert Brothers Construction Company. Tate was the office manager of...
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