OPINION
DYER, Chief Justice.
The defendant, James Benjamin Tilson, on a plea of not guilty, went to trial under an indictment charging him with first degree murder. The jury returned a verdict of murder in the second degree. This was approved by the trial judge, and judgment was entered sentencing the defendant to serve ten to twenty years in the State Penitentiary. The Court of Criminal Appeals found under authority of Forsha v. State, 183 Tenn. 604, 194...
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