TYSON, Judge.
The indictment charged James Henry Love with the first degree murder of Herman Odell Green by shooting him with a pistol. The jury found the appellant guilty of murder in the second degree and fixed punishment at fifty years imprisonment. From the overruling of appellant's motion for new trial, the appellant prosecutes this appeal.
On September 18, 1972, while parked in front of his mother-in-law's house, appellant shot and killed Herman Odell...
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