HARRIS, Presiding Judge.
Appellant was put to trial upon an indictment charging murder in the second degree. He was convicted of manslaughter in the first degree and the jury fixed his punishment at ten years in the penitentiary. He was represented by counsel of his choice and at arraignment pleaded not guilty.
The evidence was in hopeless conflict. There was no request for the affirmative charge and no motion for a new trial. At the close of the State's case...
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