State v. Miller

Harry E. Miller has appealed from a judgment of conviction of the crime of murder in the first degree on which he was sentenced to life imprisonment in the state penitentiary. He predicates error upon the court’s refusal to instruct the jury to the effect that he might be convicted of a lesser crime than that charged, and, without assignment of error therefor, his counsel argue that the evidence, which is wholly circumstantial as to the crime charged, is insufficient to warrant the .verdict and judgment. Owing to the gravity of the case, the two matters presented will be considered as though…