State v. Curtis

The opinion of the court was delivered by

Benson, J.:

The defendant appeals from a conviction of murder in the first degree. The principal error alleged is in an instruction to the jury that the verdict must be for murder in the first degree or not guilty.

The information in one count charges murder in the first degree by willful, deliberate and premeditated shooting, and murder committed in an attempt to rob, which is murder in the first degree whether deliberate and premeditated or not. The statute is:

“Every murder which shall be committed by means of poison or by lying in wait, or by any kind…