BOWEN W. SIMMONS, Retired Circuit Judge.
A jury convicted appellant-defendant of second degree murder that was embraced in an indictment for first degree murder. The victim was Edward Anderson. The jury fixed the sentence at thirty-five years imprisonment in the penitentiary. Defendant entered a plea of not guilty and not guilty by reason of insanity. The latter plea was withdrawn during the progress of the trial.
The homicide took place during the daylight...
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