DeBRULER, Justice.
Appellant was charged with first degree murder pursuant to Ind. Code § 35-13-4-1 (Burns Code Edition) repealed effective October 1, 1977. He was found guilty of second degree murder in the shooting death of one Charles Riley following a trial in Marion Criminal Court, Division One, and sentenced to fifteen to twenty-five years. Permission was granted for the filing of a belated motion to correct errors and this appeal follows the overruling...
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