Reed v. State

The defendant Avas found guilty of murder in the first degree, and sentenced to imprisonment for life. In the *520sixth instruction given by the court to the jury the following sentence occurs: “An unlawful hilling with malice, deliberation and premeditation, constitutes the crime of murder in the first degree.” It is a complete and positive statement and is incorrect. The statute is: “If any person shall purposely, and of deliberate and premeditated malice * * * hill • * * * every person so offending shall be deemed guilty of murder in the first degree.” Under the instruction above quoted the…