OPINION
ODOM, Judge.
This appeal is from a conviction for the offense of murder with malice aforethought; the punishment, imprisonment for ten years.
The appellant was tried before a jury upon the indictment in this cause and the jury returned a verdict of guilty of murder without malice; however, the jury deadlocked on the issue of punishment and a mistrial was declared. At the trial from which this appeal arose, a different jury found appellant...
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