TYSON, Judge.
Albert C. Washington was indicted by the Grand Jury for the first degree murder of Neal Haley by "shooting him with a pistol." Appellant plead not guilty and was tried by a jury. They found him guilty of murder in the second degree and sentence was fixed at thirty-eight years' imprisonment. Appellant gave oral notice of appeal and filed a motion for a new trial. This motion was denied, hence this appeal.
Tyrone Davis testified that he was charged...
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