Miller v. State

The appellant was indicted for the murder, in the first degree, of Jacob Howk. On trial by jury, he was acquitted of the degree charged, but convicted of murder in the second degree, and; sentenced to imprisonment in the state prison for life.

A motion for a new trial was properly interposed, but: overruled, and exception was taken.

The. evidence is before us, together-with the charges given/ and refused.

The case made by the evidence is, in substance, as follows : The homicide was committed oh the 25 th day of May, 1870. It may be inferred that, a few days before the homicide, the defendant…