Gardner v. State

Mobley, Justice.

Hilton Gardner was convicted cf murder without a recommendation for mercy, in the Superior Court of Lamar County. From the judgments overruling his demurrer to the indictment and denying his motion for a judgment notwithstanding the verdict and motion for new trial on the general and thirteen special grounds, he excepts. Held:

1. To the indictme'nt charging that the defendant “ . . . with force and arms did unlawfully, feloniously, and with malice aforethought kill and murder Hoke Norton by hitting, striking & beating him, the said Hoke Norton, with his, the ' said accused’s,…