People v. Donahue

By the Court:

The defendant, having been indicted and placed upon trial for the crime of murder, was found guilty of murder in the first degree and adjudged to. suffer death. He moved for a new trial upon the grounds.: Pirst—That the Court misdirected the jury in giving; an instruction, asked far by the *322District Attorney in the following words: “If the jury believe from the evidence that the defendant killed the deceased in a spirit of revenge and after previous deliberation of over twelve hours, and declared to others that he intended to kill the deceased, then you should find the defendant…