People v. Raten

The defendant was convicted of the crime of murder in the first degree, committed on one James Lansing, and adjudged to suffer the death penalty. He moved for a new trial which was denied. From the order denying his motion for a new trial, and the judgment, he prosecutes this appeal.

Several questions were discussed on the argument arising on the instructions given by the court below, which we are called on to consider and determine.

1. The court directed the jury as follows:—

“ Upon a trial for murder the commission of the homicide by the defendant being proved, the burden of proving…