McHUGH, Justice:
This case is before this Court on an appeal from a final order of the Circuit Court of Preston County, entered on September 11, 1979, denying the defendant Charles Lee Mitter's motion to set aside the jury verdict and to award a new trial. The defendant was indicted on June 12, 1979, for the murder of Michael Dakon. He was found guilty of voluntary manslaughter on August
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