OPINION
ONION, Presiding Judge.
This is an appeal from a conviction for murder with malice wherein the punishment was assessed at fifteen (15) years.
The record reflects that the appellant waived trial by jury and entered a plea of nolo contendere, which was accepted by the court after appellant was duly admonished.
The indictment alleged that on January 5, 1971, the appellant did with malice aforethought kill Ken Dell Sowell by choking and...
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