State v. Carver

The defendant was indicted, tried, and convicted of the crime of murder in the first degree, for the killing of Francis La Bord on the twenty-seventh day of May, 1891, in Union county, by shooting him with a pistol. From this judgment he appeals, assigning as error the giving and refusal of certain instructions by the trial court. After instructing the jurv that if the killing was done pur*603posely and maliciously, but without deliberation and premeditation, defendant is guilty of murder in the second degree, the court proceeds: “An intent to murder is conclusively presumed from the deliberate…