THEODORE McMILLIAN, Special Judge.
Appellant, hereinafter referred to as the defendant, was convicted in Circuit Court of the City of St. Louis, Missouri, by a jury, under Section 559.010, RSMo 1959, V.A.M.S., of murder in the first degree. In accordance with the verdict of the jury, he was sentenced to imprisonment in the penitentiary for life. In State v. Sykes, Mo.Sup.,
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