DEBRULER, J.
This is an appeal from a conviction of First Degree Murder returned by jury in the Marion County Criminal Court, Division 2. The facts which tend to support the verdict are these:
At 4:00 p.m. on Sunday, September 17, 1967, the victim, Rainey Hughes, went to a Gulf Service Station at 3750 E. Prospect Street owned by appellant. Appellant, Snowden Hughes, the son of Rainey, and John Robbins were working on the premises at the time.
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