BUSSEY, Presiding Judge:
Hiawatha Cook, hereinafter referred to as defendant, was charged with the offense for Murder in the District Court of Carter County, and was convicted for Manslaughter in the First Degree; his punishment was fixed at forty (40) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.
Briefly stated, the evidence at the trial adduced that on January 4, 1969, one Milton Sanders was shot...
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