Poole v. State

Murder, at common law, embraced murder in the first and murder in the second degrees, as defined in Sections 4598-9 of the Code,' brought forward from the third section of the Act of 1829,- ch. 23. The . statutory distinction is- not only founded in mercy and humanity, but is well fortified by reason. In my opinion, . while an indictment at common law is also good under the statute, it is only good to support a conviction for murder, in the second degree, unless . it contain words of like significant import with those of the statute.

It is the defining words of the statute that make the…