LEIGH M. CLARK, Retired Circuit Judge.
Upon a trial for murder in the first degree, defendant was convicted of murder in the second degree. The jury fixed his punishment at thirty-five years imprisonment, and he was sentenced accordingly.
The undisputed evidence shows that about 7:30 P.M. September 14, 1976, at Harbin's Grocery in Maysville, Madison County, Alabama, defendant killed the alleged victim, Lloyd Holder, by shooting him with a pistol. One bullet...
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