PER CURIAM.
Appellant was charged by indictment with the crime of murder in the second degree, under Acts 1905, ch. 169, § 350, p. 584, being § 10-3404, Burns' 1956 Replacement, tried by the court without the intervention of a jury, found guilty as charged, and sentenced accordingly.
The sole error assigned is the overruling of appellant's motion for a new trial.
The determinative question here presented is: Did the trial court err in refusing...
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