State v. Genova

Under the evidence there was a premeditated design to kill, making the crime murder in the first degree unless the accused was insane at the time. There was no occasion, as matters developed, for giving the jury, even if it were so inclined, an opportunity to indulge in sympathetic compromise and fix the guilt as murder in the second degree or manslaughter in the third degree, and no occasion exists for granting a new trial for any errors assigned. A killing to be murder in the second degree must be by an act imminently dangerous to others and evincing a depraved mind, regardless of human…