Miller v. State

Appellant was charged by indictment with the crime of murder in the second degree, under Acts 1905, ch. 169, §350, p. 584, being §10-3404, Burns’ 1956 Replacement, tried by the court without the intervention of a jury, found guilty as charged, and sentenced accordingly.

The sole error assigned is. the overruling of appellant’s motion for a new trial.

The determinative question here presented is: Did the trial court err in refusing to consider or permit the introduction of evidence pertaining to the reputation of deceased for “peace and quiet,” when appellant’s defense was that he shot the…