Territory of Hawaii v. Cutad

OPINION OF THE COURT BY

PETERS, J.

The defendant, plaintiff in error, Avas convicted by a jury of the crime of murder in the first degree and sentenced accordingly. (R. L. H. 1935, § 5994.)

But one of the errors assigned need be considered, vis., that alleged to the giving of the folloAving instruction at the request of the Territory: “You are instructed that you may find the necessary elements of deliberation and premeditation from the nature of the acts of the defendant or from the means used or from other facts and circumstances surrounding the acts. Scarcely ever does an accused express…