ALMAND, Justice.
Under an indictment charging him with murder, James Fulton Foster was found guilty without a recommendation of mercy and was sentenced to death by electrocution. His motion for a new trial upon the general and special grounds having been overruled, he assigns error on the denial of his motion for a new trial.
1. On the call of the case for trial, counsel for the defendant, serving under appointment by the court, filed a written motion to continue...
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