HILL, Presiding Justice.
Willie J. Smith was tried by a jury, convicted of murder, and sentenced to life imprisonment. He did not file a timely appeal, but later he did file a petition for habeas corpus which was granted insofar as it sought the allowance of an out-of-time appeal. This is his out-of-time appeal. The facts of the case are set out in the defendant's brief as follows:
"Sometime between 9:00 p. m. and 10:30 p. m. on December 30, 1980, the defendant...
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