LEIGH M. CLARK, Retired Circuit Judge.
This is an appeal from a conviction of murder in the first degree. It was alleged in the indictment that defendant "unlawfully, and with malice aforethought, killed Jimmy Tucker, by shooting him with a shotgun."
The undisputed evidence shows that the alleged victim was wounded about 10:00 or 11:00 P.M. June 13, 1978, by one or two blasts from a .410 gauge shotgun that resulted in his death the following day.
Defendant...
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