People v. O'Neal
California Supreme Court
Appeal from a judgment of the Superior Court of the county of Sierra, and from an order refusing a new trial. The facts are stated in the opinion of the court.
1Opinion of the CourtMorrison, C. J.
— The defendant was tried and convicted of the crime of murder in the first degree, and sentenced to be hanged.
The first point made on his behalf on the appeal is that the court erred in giving the jury the following instruction: —
*379“ The unlawful killing naust be with the clear intent to take life in order to constitute murder in the first degree. It must be formed upon a pre-existing reflection, and not upon a sudden heat of passion sufficient to preclude the idea of deliberation, for when there is a want of deliberation it is murder in the second degree.” The criticism on the foregoing…
2Cases cited2 opinions
- People v. MorrowCalifornia Supreme Court · 1882
- People v. SwiftCalifornia Supreme Court · 1885
3Cited by16 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- People v. RyanCalifornia Supreme Court · 1907
- People v. FreemanCalifornia Supreme Court · 1891
- State v. BrooksMontana Supreme Court · 1899
- People v. BoggsCalifornia Supreme Court · 1938
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