People v. Knapp

This is an appeal by the defendant, who was found guilty in the Superior Court of murder of the second degree. Appellant contends the court below erred in refusing to instruct the jury to acquit the defendant of murder, because the evidence on the part of the people failed to show an “unlawful” killing, or a killing “with malice aforethought.” It is admitted that the deceased was stabbed with a knife by defendant, and that he died from the wound so inflicted. Malice is implied “when no considerable provocation appears.” (Pen. Code, sec. 188.) No provocation appeared from the evidence given by…