TYSON, Judge.
The indictment charged Willie Lee Hardy, Jr., with the first degree murder of one Carey James Morgan by shooting him with a pistol. The Jury found the appellant guilty of murder in the second degree, and its verdict and judgment fixed punishment at twelve years imprisonment in the penitentiary.
State's witness Alfred Phillips testified that on the night of Saturday, July 22, 1972, he observed the appellant standing in front of a poolroom on First...
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