Mr. Justice McEWAN delivered the opinion of the court.
At approximately 7:30 a.m. on January 1, 1971, in the city of Rawlins, Wyoming, Arthur Foster was fatally shot with his own .25 caliber semiautomatic pistol. The defendant was charged with the crime of murder in the second degree for the killing. The jury returned its verdict in which it found the defendant guilty of the
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