Miller v. State

Bussell, Chief Justice.

Don Miller was indicted for the murder of Tobe Irwin. He waived formal arraignment, and pleaded not guilty. On the trial evidence was adduced, that witnesses saw deceased on the night of September 20, 1936, at a frolic; that defendant was there also; that■ deceased got killed there, hut they did not know who killed him; that deceased “came up from some *337place,” and talked mad and said he was being mistreated; that deceased then went around a car, and a shot was fired; that this was about midnight; that the wife of deceased, or his woman, was there, but witnesses did not…