OPINION
GREEN, Commissioner.
In a trial before a jury, appellant was convicted of murder without malice, and her punishment was assessed at three (3) years. This appeal is from such conviction.
The State's evidence reflects that police were called to the apartment of appellant and her husband, the deceased, about 3:00 o'clock A.M., November 2, 1969. They found the body of Marvin L. Whiddon lying dead on the floor of the apartment with a gunshot wound...
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