LOISELLE, J.
The defendant, Archie Chesney, was indicted by a grand jury for the crime of murder in the first degree in that he "wilfully, deliberately, with premeditation and malice aforethought did shoot and kill one Robert Lubas, in violation of Section 53-9 of the Connecticut General Statutes." A jury returned a verdict of guilty of murder in the second degree. The defendant has appealed,
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