TYSON, Judge.
The Grand Jury of Baldwin County, Alabama, charged the appellant with the first degree murder of John Lee York by shooting him with a rifle. The jury found the appellant guilty of murder in the second degree, and its verdict and judgment fixed punishment at twenty-five years imprisonment in the penitentiary.
On June 3, 1973, the appellant and his wife were at Boulden's Inn in Baldwin County, Alabama, where they were drinking with several friends...
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