People v. Murch

The defendant was indicted for the crime of murder in the first degree. His age, when the crime was committed, was fifteen years, ten months and six days. He was tried upon the theory that the killing was premeditated, deliberate and with felonious intent. He was convicted of the crime of murder in the second degree. The judgment of conviction was affirmed by the Appellate Division. The case is here upon a certificate by a judge of this court.

The material facts are undisputed. The defendant, his victim, Willie Bender, twelve years old, one Johnny Miller, ten years old, and his sister, Grace…