Miller v. State

The appellant was convicted of murder in the second degree and sentenced to life imprisonment. His motion for a new trial was overruled, and error is assigned here upon the giving and refusal to give certain instructions.

There is evidence that the defendant, 46 years of age, is a veteran of the First World War. He saw active service in the front lines and was gassed and shell-shocked while cutting barbed wire entanglements between the lines. He never fully recovered from those experiences, and he draws a pension from the government. He is partially blind in one eye and repeatedly went to a…