OPINION
BRETT, Judge:
Appellant Martin Emerson Noah, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Mayes County, Case No. CRF-75-224, of the offense of Murder in the First Degree, in violation of 21 O.S.Supp. 1973, § 701.1. The sentence was fixed at death. From such judgment and sentence and death warrant, an automatic appeal has been perfected to this Court....
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