McFADDEN, Justice.
I Procedural background
The appellant, David Allen Osborn, was arrested and charged with the October 31, 1978, murder of Charlotte Christine Carl. Appellant was arraigned before the magistrate division of the Sixth Judicial District on November 29, 1978 on the charge of first degree murder and a public defender was appointed. On December 7, a preliminary hearing was held and appellant was bound over for trial. Before Sixth District Judge...
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