OPINION
BUSSEY, Judge:
Appellant, Charles E. (Rusty) Humphries, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Choctaw County, Case No. CRF-74-1, for the offense of Murder in the Second Degree, in violation of 21 O.S.Supp. 1973, § 701.2. His punishment was fixed at a term of not less than ten (10) years, nor more than life in the State Penitentiary, and from said judgment and sentence a timely appeal has...
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