Moynihan v. State

'Worden, J.

— The appellant, Andrew Moynihan, and one Janies S. McMillen, were jointly iudicted in the court below for the murder, in the first degree, of John Raymond Jackson.

There were two counts in the indictment; the first charging the murder to have been committed in the perpetration of a robbery of the deceased, and the second charging the killing to have been effected by beating the deceased with a stone.

Moynihan pleaded not guilty, and elected to be tried separately, and, upon trial by jury, was found guilty, and adjudged to suffer the death penalty. Motion for a new trial overruled',…