OPINION
BRETT, Judge:
Appellant, Jack Roger Lane, hereinafter referred to as defendant, was charged in the District Court, McIntosh County, Case No. CRF-76-38, with the offense of Murder in the Second Degree, in violation of 21 O.S.Supp. 1973, § 701.2. The case was tried to a jury, and a guilty verdict was returned. A mandatory sentence of ten (10) years to
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