OPINION
NIX, Justice.
This case arose out of the death of Michael Kochmanowicz, ninety-one years old, whose body was discovered bound and gagged on his living room floor. The body was tied in such a fashion that the bindings included a connection between the wrist, up the center of the back to a gag. The gag passed under the tongue and forced it backward to where it blocked the passage of air through the mouth and...
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