TYSON, Judge.
The indictment in this case charged the appellant with unlawfully and with malice aforethought having killed Johnny James Tyner "by shooting him with a pistol." The jury returned a verdict of guilty of murder in the second degree, fixing punishment at fifteen years imprisonment. The trial court set sentence accordingly.
Officer Jay Hardy, a Montgomery City police officer, testified that, during the early morning hours of April 17, 1977, he and...
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