People v. Moore
California Supreme Court
Appeal from the District Court of the Fourteenth Judicial District, County of Hevada. F. Moore, the defendant, was convicted of the crime of murder in the first degree, committed on one Alexander McCIanahan, on the twenty-first of February, 1857, and sentenced to be executed. The remainder of the case is sufficiently stated in the opinion of the Court. Defendant appealed.
1Opinion of the Court
Murray, O. J., delivered the opinion of the Court—Burnett, J., concurring.
The appellant was convicted of murder in the first degree. On the trial, the Court instructed the jury, “that any kind of unlawful, willful, deliberate, and premeditated killing, is murder in the first degree.”
The statute of the State (Compiled Laws, 640,) defines murder to be the unlawful killing of a human being, with malice aforethought, express or implied. This is but an enunciation of the common law definition of the crime. Murder is thus defined by Coke: “When a person of sound memory and discretion, unlawfully…
2Cited by5 opinions
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- People v. GibsonCalifornia Supreme Court · 1895
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- People v. LyonsCalifornia Supreme Court · 1857