Territory v. Ching

OPINION OF THE COURT BY

PETERS, J.

On October 31, 1935, an indictment ivas returned against the defendant charging him in each of the two counts thereof with the offense of murder in the second degree. He interposed a demurrer to the indictment which the trial court reserved for the consideration of this court upon the single question of whether the demurrer to the indictment should be sustained.

The demurrer raises but two questions, i. e. (1), whether the words “Avithout authority, justification or extenuation by laAv” contained in the statutory definition of murder may be alleged in an…