FINCH, Chief Justice.
Defendant and three other men were indicted for murder in the first degree. Defendant Jasper, separately tried, was convicted of murder in the second degree and sentenced to imprisonment for 40 years. An opinion affirming the conviction was written in Division I of this Court, but a rehearing was granted and the case subsequently was transferred to the Court en Banc where it was reargued. We have jurisdiction because this case was pending here...
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