MASON, Justice.
James Cooper appeals from judgment and sentence based on a jury verdict convicting him of murder in the second degree.
Following a preliminary hearing in which defendant was charged with murder probable cause was found and defendant was bound over to the grand jury. A county attorney's information filed September 29, 1972, charged Cooper did willfully, deliberately and premeditately with malice aforethought kill Louise Limerick on May 29, 1972...
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