State v. So Ho Ge

The opinion of the court was delivered by

Scott, J.

Defendant was convicted of’ murder in the second degree, upon an indictment failing to charge a purpose to kill. A motion by defendant in arrest of judgment was sustained. The state appeals.

In Leonard v. Territory, 2 Wash. T. 381, the court decided that it was necessary to allege a purpose to kill in order to sustain a conviction for murder under- our *276statutes. We have followed that case in Blanton v. State, ante, p. 265.

The indictment in this case is sufficient to charge manslaughter. These matters having been discussed in the last case…