Cluck v. State

The appellant was indicted, tried, and convicted in the court below of murder in the first degree, and was sentenced to be hanged'. He moved the court for a new trial, but the motion was overruled, and he excepted. The court thereupon rendered judgment that the death penalty should be inflicted upon him on the 20th day of December, 1872.

From such judgment he has appealed to this court, and *265asks a reversal thereof, on the ground that the court erred in overruling his motion for a new trial.

Before proceeding to consider the errors assigned and discussed by counsel for the appellant, we are…