SHELBOURNE, Chief Judge.
November 9, 1953, defendant Kenneth C. Cornett was charged in one count of an indictment with murder in the first degree and in the second count of the indictment with murder in the second degree, in violation of Section 1111 of Title 18 U.S.C.A.
The first count charged that the murder of Darrell E. Norris by the defendant Cornett was with premeditation and from the second count the phrase "with premeditation" was omitted.
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