CALOGERO, Justice.
Defendant, Darryl Nicholas, was indicted and tried for first degree murder of a grocery store owner in an incident which occurred on January 16, 1974. Although he was facing a capital verdict in the event of conviction of the crime charged, the jury which tried him on May 15, 1974 returned a unanimous verdict of guilty of second degree murder. Defendant received a life sentence without benefit of parole, probation or suspension of sentence before...
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