Appellant, Elmer Merriman, hereinafter referred to as defendant, was charged in the District Court of Seminole County, Case No. 70-39, with the crime of murder. He was found guilty by jury verdict of the lesser included offense of manslaughter in the first degree with punishment fixed at four (4) years imprisonment. Judgment and sentence in accord with the jury verdict was imposed on September 28, 1970, and...
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