JONES, Justice.
The appellant, Bill Stout, was charged on information filed by the prosecuting attorney in the Crawford County Circuit Court with the crime of murder in the first degree in the shooting of Winfred Lee Jones on March 27, 1967. This is the third appeal to this court following as many trials. Stout's first trial resulted in a verdict of guilty of manslaughter with a penitentiary sentence of two years. This court reversed, Stout v. State,
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