State v. Weltz

Lees, C.

Defendant was indicted upon a charge of murder-in the third degree, found guilty and appealed from the judgment pronounced by the court. Two questions are presented for determination: (1) Must there be proof that one charged with third degree murder was inherently of depraved mind, or may the act and the attending circumstances be evidence enough of mental depravity? (2) Did defendant’s acts and the attending circumstances evince a depraved mind?

At common law, every homicide not excusable or justifiable was either murder or manslaughter. If the slayer was actuated by malice, express…