HARALSON, Supernumerary Circuit Judge.
The appellant in this cause was tried and convicted for murder in the second degree and sentenced to imprisonment for 12 years.
No motion to exclude the evidence nor motion for a new trial was made by the appellant. The affirmative charge in writing was requested by the appellant and refused by the court. In view of this action of the court, it is appropriate to set out a brief statement of the evidence.
The evidence...
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