State v. Cloud

HALL, Chief Justice:

(dissenting).

I am not persuaded that on the facts of this case the trial court abused its discretion by receiving the photographs of the crime into evidence.

The burden was upon the State to prove the essential elements of the offense of second degree murder as charged. Second degree murder is the unlawful killing of a human being with malice aforethought, while manslaughter is the unlawful killing of a human being without malice.1

Inasmuch as defendant admitted the killing, the basic issue at trial was one of his intent in doing so. Defendant testified that he was suffering…