Pies Dixon was tried and convicted of the crime of murder in the first degree without recommendation to mercy. He has appealed from the judgment.

*20 The evidence shows that the defendant waited in ambush for the deceased and then, without warning, shot deceased at point-blank range with a shot gun. Although the defendant interposed the plea of self-defense the jury did not believe his version of the controversy, but chose to believe, the testimony offered by the prosecution. The defendant was given a fair trial by an impartial judge and jury and the evidence amply sustains the verdict and judgment. The judgment appealed from is therefore affirmed.

It is so ordered.