CLEMENS, Acting Presiding Judge.
On the second trial for the same homicide, defendant was convicted in a jury trial of second-degree murder. Judgment was entered and punishment assessed at 42 years' imprisonment. Defendant's motion for new trial was overruled and he appeals.
Sufficiency of the evidence is not in issue and a statement of the facts can be brief. On the evening of March 31, 1969 Mrs. Iris Evans, prompted by a persistent bumping sound, went downstairs...
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