Peters v. State

BROWN, Justice.

The appellant was indicted for murder in the circuit court of Mobile County, the indictment charging that he “unlawfully, and with malice aforethought, killed Mittie Peters, alias Mittie Whitehurst by shooting her with a pistol.”

On his trial he pleaded “not guilty” and “not guilty by reason of insanity.” The trial resulted in a verdict of murder in the first degree fixing the punishment at death.

The deceased was formerly the defendant’s wife from whom he was divorced in a proceeding which he procured to be filed in her name. To quote from the brief in his behalf: “Shortly…