The opinion of the court was delivered by
FONTRON, J.:
This case now makes its second appearance before the court. On February 13, 1967, the defendant, Thomas M. Kidwell, was convicted by a jury of first degree murder in the death of his wife. The judge who presided at that trial set the conviction aside and granted a new trial because of trial errors. On appeal by the state, the order granting the defendant a new trial was affirmed by this court in State...
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