OPINION
BRETT, Presiding Judge:
Appellant, John Leroy McClain, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-74-3322, for the offense of Murder in the Second Degree, in violation of 21 O.S. Supp. 1973, § 702. The jury fixed his punishment at from ten (10) years' to Life imprisonment, and from said judgment and sentence a timely appeal...
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