Miller v. State
Supreme Court of Georgia
Indictment for murder. Before Judge Janes. Paulding superior court. August term, 1895. Clabe Miller and Howard Parton were jointly indicted for tlie murder of Wesley II. Roberts. They severed. Miller was tried, convicted and sentenced to life imprisonment; and bis motion for a new trial was overruled.
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Indictment for murder. Before Judge Janes. Paulding superior court. August term, 1895. Clabe Miller and Howard Parton were jointly indicted for tlie murder of Wesley II. Roberts. They severed. Miller was tried, convicted and sentenced to life imprisonment; and bis motion for a new trial was overruled. The material grounds of the motion are sufficiently apparent from the opinion, excepting those referred to in the third division, which are as follows: Error in refusing to exclude, on motion of the defendant, the following testimony of W. J. Parris: I was trying to advise Howard Parton to go…
1Opinion of the Court
Lumpkin, Justice.
1. The evidence in this case discloses the perpetration of a terrible assassination. "W1 H. Poberts was shot and killed in- his own house, at night, while sitting by his fire*657side in the presence of his family. Two persons, the plaintiff in error, Clabe Miller, and another, were indicted for the murder.
The material question at issue upon the trial of Miller was one of identity — whether or not he was one of the persons who actually committed, or participated in, the homicide. A daughter of the deceased testified at the trial that on the night of the killing she recognized the…
2Cases cited2 opinions
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- Cain v. InghamNew York Supreme Court · 1827
3Cited by11 opinions
- In Re the Estate of BordeauxWashington Supreme Court · 1950
- State v. HermannSupreme Court of Missouri · 1955
- Crosby v. StateSupreme Court of Florida · 1925
- Allen v. StateSupreme Court of Georgia · 1897
- Steele v. SuwalskiCourt of Appeals for the Seventh Circuit · 1935
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