FILES, P.J.
Defendant was charged with the murder of his wife on May 29, 1964. At the first trial a jury found him guilty of murder in the second degree, but the judgment was reversed for failure of the trial court to instruct on manslaughter. (2 Cr. 10724, unpublished, July 14, 1966.) Thereafter a jury was waived and the case was retried to the court, which at the close of the evidence found defendant guilty of murder, second degree. Later, when defendant moved for...
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