Miller v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Park. Jones superior court. December 1, 1923. Andrew Miller, upon wholly circumstantial evidence, was convicted of the murder of his wife, Leah Miller, and recommended by the jury to the mercy of the court. His motion for new trial, based on the usual general grounds, and three amended grounds which related to rulings of the court on the admission of evidence offered by the State, was denied, and he excepted.
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Indictment for murder. Before Judge Park. Jones superior court. December 1, 1923. Andrew Miller, upon wholly circumstantial evidence, was convicted of the murder of his wife, Leah Miller, and recommended by the jury to the mercy of the court. His motion for new trial, based on the usual general grounds, and three amended grounds which related to rulings of the court on the admission of evidence offered by the State, was denied, and he excepted. The evidence, together with the prisoner’s statement before the jury, was substantially as follows: On the night of May 10, 1923, there was a party or…
1Opinion of the CourtAtkinson, J.
1. Where the accused was upon trial under an indictment charging him with the murder of his wife, the jury having authority, in case of a conviction, to find him guilty without a recommendation to mercy, or to recommend him to life imprisonment (Penal Code (1910), §63), it was competent to introduce evidence tending to show that at the time of the homicide the woman was in an advanced and apparent state of pregnancy, as bearing upon the enormity of the offense and furnishing ground for the consideration of the jury in determining whether or not a recommendation to life imprisonment would *698be…
2Cases cited7 opinions
- Roberts v. StateSupreme Court of Georgia · 1905
- Shaw v. StateSupreme Court of Georgia · 1878
- Baker v. StateSupreme Court of Georgia · 1914
- Withrow v. StateSupreme Court of Georgia · 1911
- Horton v. StateSupreme Court of Georgia · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- People v. BoltonCalifornia Supreme Court · 1932
- Mitchell v. StateCourt of Appeals of Georgia · 1975
- Curtis v. StateCourt of Appeals of Georgia · 1977
- Long v. StateSupreme Court of Georgia · 1949
- Wilson v. StateCourt of Appeals of Georgia · 1999
3 more not listed; retrieve them via the Exa API.