Miller v. State

In this case the appellant was indicted for the unlawful homicide of one Joseph Ellison, at Clay county, on the 16th day of March, 1880. The indictment contained three counts. The first charged the appellant with murder in the first degree, the second count charged Mm with murder in the second degree, and the third count charged him with manslaughter. His motions to, quash the several counts of the indictment were sustained as to the third count, and overruled as to the first and second counts of the indictment, and to the latter rulings he excepted. Upon arraignment the appellant’s plea to…