Miller v. State

Appellant was charged by indictment with murder in the second degree under Acts 1905, ch. 169, §350, p. 584, being §10-3404, Burns’ 1956 Replacement, tried by jury, found guilty as charged and sentenced accordingly.

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

We need be concerned only with the specifications for a new trial numbered 4 and 5, which are: (4) that the verdict of the jury is not sustained by sufficient evidence; and (5) is contrary to law.

Appellant asserts that the evidence is not sufficient to sustain the verdict of the jury on the essential…