State v. Lu Sing
Montana Supreme Court
Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Lu Sing was convicted of murder of the first degree. He appeals from the judgment and from an order denying him a new trial. The word “deliberatedly” has no meaning whatever, whether legal or otherwise, and as deliberation is an essential element of murder in the first degree, the information does not support the judgment of conviction in this case.
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Appeal from District Court, Gallatin County; W. B. C. Stewart, Judge. Lu Sing was convicted of murder of the first degree. He appeals from the judgment and from an order denying him a new trial. The word “deliberatedly” has no meaning whatever, whether legal or otherwise, and as deliberation is an essential element of murder in the first degree, the information does not support the judgment of conviction in this case. (People v. Doyell, 48 Cal. 85.) Again, section 1947 of the Penal Code provides and implies that the defendant may be convicted of an offense necessarily included in the offense…
1Opinion of the CourtJustice Holloway
Lu Sing was convicted of murder of the first degree, and appeals from the judgment and from an order denying him a new trial.
1. It is contended by appellant that the information does not charge any higher offense than murder of the second degree, and therefore does not support the judgment. The information charges that the acts by which the homicide were committed were done “feloniously, willfully, and of his [defendant’s] deliberatedly premeditated malice aforethought.”' The word “deliberatedly” is used repeatedly instead of “deliberate,” as employed in the Code. (Penal Code, see. 352.) It…
2Cases cited25 opinions
- Woolfolk v. StateSupreme Court of Georgia · 1890
- State v. GleimMontana Supreme Court · 1895
- People v. DanielsCalifornia Supreme Court · 1894
- Territory of Montana v. McAndrewsMontana Supreme Court · 1878
- Territory of Montana v. StearsMontana Supreme Court · 1875
20 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. McLennanIdaho Supreme Court · 1925
- State v. CorMontana Supreme Court · 1964
- Bretz v. CristCourt of Appeals for the Ninth Circuit · 1976
- State v. McGowanMontana Supreme Court · 1908
- State v. NielsonMontana Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.