SIMMONS, Supernumerary Circuit Judge.
Appellant-defendant, Stewart Weaver, was indicted jointly with one Charles E. Guntharp for murder in the first degree for that they killed James Floyd Davis by shooting him with a pistol. The trials were separate. The instant appellant was convicted by the jury of manslaughter in the first degree, an offense embraced in the indictment, with punishment fixed at ten years imprisonment.
It appears from the evidence that Guntharp...
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