People v. Thomas

This is an appeal from a judgment imposing the death penalty for murder in the first degree and from an order denying defendant’s motion for a new trial. It is contended, among other things, that the evidence is insufficient to establish the homicide as murder of the first degree, that it shows at most murder of the second degree or man*885slaughter, and that the trial court' erred to the prejudice of defendant in instructing the jury relative to the elements of the two degrees of murder and the burden of proof.

Upon an examination of the record it appears to us that the evidence, while not wholly…