OPINION
LARSEN, Justice.
On March 10, 1979, appellant, Robert Jacobs, fatally shot Ernest Hawkins. Following a non-jury trial, appellant was convicted of murder of the third degree and possession of an instrument of crime. Motions for a new trial and arrest of judgment were denied, and appellant was sentenced to concurrent prison terms of ten to twenty years for murder of the third degree and two and one-half to five years for possession of an instrument...
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