Holler v. State

The appellant was indicted, with his brother, for murder in the first degree, in killing one Nathaniel Tibbetts, on the 17th day of October, 1864, in Wayne county.

He was tried at the October term, 1871, found guilty of manslaughter, and his punishment fixed at ten years’ imprisonment in the state prison. He moved for a new trial, for the reasons, among others, that the court had improperly excluded certain evidence offered by him; that the court *58had misdirected the jury, and had improperly refused to instruct the jury, as prayed for by him; that the verdict of the jury was contrary to law,…