CLARKE, Justice.
Appellant appeals his conviction for the murder of Robert Harris Madaris. The conviction came at the third trial for the same offense which followed two previous mistrials. In the first trial, the state failed to list a necessary witness on the witness list provided to appellant pursuant to Code Ann. § 27-1403. At the beginning of the trial, appellant's counsel objected to the unlisted witness being allowed to testify. The court offered to order...
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