State v. Wiggins

Clare, O. J.

The prisoners were indicted for murder, tbe bill charging that they “willfully, premeditatedly, deliberately, and feloniously, and of tbeir malice aforethought, did till and murder Phillip L. Phillips.”

There was evidence, which the jury believed, that the prisoners lay in wait and killed the deceased from ambush. There was no evidence tending to show any other state of facts, and the sole issue of fact was as to the identity of the prisoners, that is, whether they were the persons who slew the deceased. The jury returned for their verdict that they found “the prisoners at the bar,…