Modified on Court's Own Motion.
Motion for Rehearing or Transfer to Court en Banc Denied, December 10, 1973.
STOCKARD, Commissioner.
Henry Brown, charged as a second offender, was found guilty by a jury of murder in the second degree and sentenced by the court to imprisonment for a term of twenty years. By notice of appeal filed prior to January 1, 1972, he has appealed from the ensuing judgment.
The trial court instructed the jury on the issue...
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