BOWEN W. SIMMONS, Supernumerary Circuit Judge.
Appellant-defendant was indicted for murder in the first degree. The alleged victim was the defendant's wife. This is an appeal from a second trial. The jury in the first trial convicted the defendant for murder in the second degree and fixed his punishment at ten years imprisonment in the penitentiary. The Supreme Court of Alabama, the transferee of the case, reversed and remanded. Arnold v. State, 291 Ala. 149,
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