Brown v. State

Mitchell, J. —

At the June term, 1885, the grand jury •of Madison county, by a formal indictment in two counts, 'made presentment to the circuit court, that, on the 24th day of April, 1885, Luther F. Brown had feloniously and with premeditated malice murdered Eli F. Cummins.

In the first count, it was charged that the mortal wound had been inflicted with a knife. In the second, the charge was that the killing was by the use of a stone.

*386The accused, having pleaded not guilty, was tried by a jury., He was found guilty as charged, of murder in the first degree, and his punishment fixed at…