People v. Mendenhall

The defendant was charged with and convicted of the crime of assault with intent to commit murder, and appeals from the judgment given against him. The court instructed the jury as follows: “Murder is the unlawful killing of a human being with malice aforethought. Such *632malice may be express or implied. It is express when there is manifested a deliberate intention unlawfully to take away the life' of a fellow-creature. It is implied when no deliberate provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart. ’ ’ It is insisted that this…