MOBLEY, Justice.
The defendant was convicted of murder with a recommendation of mercy. His motion for new trial on the general and two special grounds was denied and he excepts.
Numerous eyewitnesses to the killing testified to the following facts: The defendant and the deceased got into an argument in a churchyard over the location of a grave that the deceased had dug. Following the argument, the deceased picked up the tools with which he had been digging...
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