Binns v. State

This was an indictment against the appellant, charging that on the 31st day of January, 1870, at, etc., he did unlawfully, feloniously, purposely, and with premeditated malice, kill and murder Rachel Binns, by then and there, etc., shooting her with a pistol. The indictment, as will be .seen, charges murder in the first degree, and no objection is made to it. On the first conviction of' the defendant, upon appeal to this court, the judgment was reversed for the refusal of the court to grant the defendant a continuance on account of absent witnesses, by whom he *312claimed he could prove that he…