OPINION OF THE COURT
POMEROY, Justice.
On May 7, 1971, the appellant, John Taylor Dukes, was arrested and charged with the murder of Thomas Brooks. Appellant was tried before a jury and found guilty of murder in the second degree. Motions for a new trial and in arrest of judgment were denied, and Dukes was sentenced to not less than five nor more than twenty years imprisonment. This direct appeal followed.
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