People v. Choy

Noggle, O. J.,

delivered the opinion,

Kelly and Lewis, JJ., concurring.

This is an appeal brought by the defendant to reverse the *318judgment of the Owyhee district court rendered at the last June term of said court. Upon the argument of this case in the supreme court two causes of error are assigned by the defendant upon which he relies to reverse the judgment: 1. He claims that the indictment is defective because it does not allege the hilling to be “ deliberate and premeditated,” in the words of section 17 of the statutes of crimes and punishments on page 438 of the laws of the first session of…