State v. Randolph

Express malice was not proved. If malice can be implied, killing is murder; if not, manslaughter. When homicide is proved, presumption is that it is in second degree. If state would elevate it to first degree it must show characteristics of that degree; if defendant would reduce it to manslaughter, burden is on him. State v. Melvern, 72 P. 489.

Malice aforethought and premeditation have often been confused. Intention may be instantaneous as successive thoughts of mind, but premeditation implies reflection for some appreciable time, else how does it differ from sudden heat of passion, which is…