People v. Mendenhall

The defendant was tried and convicted upon a charge of assault with intent to commit murder. His appeal is from the judgment, and the record before us consists of the judgment-roll alone, without any of the evidence given at the trial. The only errors assigned are upon rulings of the court in allowing and refusing instructions.

It is contended that the court erred in giving the following as a portion of its charge to the jury: “Murder is the unlawful killing of a human being with malice aforethought. Such malice may be express or implied. It is express when there is manifested a deliberate…