People v. Long

The defendant was convicted of murder in the first degree, and has appealed from the judgment. On the trial the Court, after reading to the jury from the statute the definition of murder of the first and second degrees, charged as follows: “Murder, therefore, of the first degree has in it the ingredient of malice towards the person killed; and also a deliberate and premeditated intention to take life. In murder of the second degree there is the same degree of malice as in murder of the first degree, and the killing is done unlawfully, but Avitliout the intention to take life. ” After defining…