Asi-ie, J. It was not contended in the argument before us, nor does it seem to have been insisted upon in the court below, but that Cunningham, the deceased, came to his death iu consequence of a wound received from a pistol fired by the prisoner, I. W. Brittain, at Fanning, in the rencountre between him and the prisoner. We therefore take that fact as conceded. <p "b515-4"…
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