VAUGHN, Judge.
The date of the judgment appealed from is 17 September 1969. The record on appeal was not docketed in this Court until 2 February 1970. Therefore, this appeal may be dismissed under Rule 48 of the Rules of Practice in the Court of Appeals for failure to comply with Rule 5. We have, however, considered the appeal on its merits.
Evidence for the State tended to show the following: On the morning of 26 July 1969 defendant expressed an interest...
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