People v. Donnelly

The defendant was charged with the crime of murder. Both he and the deceased were prisoners in the state prison at Folsom. The jury returned a verdict of guilty of murder in the first degree, without recommendation, and the defendant was sentenced to pay the extreme penalty. He made a motion for a new trial, which was denied, and he now appeals from the judgment of conviction and from the order denying his motion.

Defendant urges but two points: 1st, that the evidence does not show that degree of premeditation essential to constitute murder in the first degree; 2d, that the court erred in…