People v. Alexander

There was no need to instruct the jury concerning the distinctions between murder, first and second, and manslaughter.

*707The complaint charged that the homicide was first-degree murder. The examining magistrate bound the defendant over on a charge of manslaughter ; evidently he concluded that the homicide was committed under circumstances of mitigation negativing malice. The magistrate’s decision was not subject to review by the jury. There was no need to attempt to explain or justify the reduced charge when instructing the jury. There was no need to instruct the jury regarding malice.

A homicide…