OPINION
BLISS, Presiding Judge:
In the District Court, Garfield County, Case No. CRF-72-1246, appellant, Phillip Martley, hereinafter referred to as defendant, was charged and tried for the offense of Murder and convicted for the lesser offense of Manslaughter in the First Degree. His punishment was fixed at thirty-five (35) years imprisonment; from that judgment and sentence, a timely appeal has been perfected...
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