Buel v. People

Follett, J. :

Tbe indictment charges, in appropriate counts, the prisonei with murder, under the first and third subdivisions of section 5, of chapter 1, title 1, part 4 of tbe Revised Statutes, as amended by *488chapter 333, Laws of 1876 ; these subdivisions, so far as pertinent to this case, read as follows :

“ (1.) When perpetrated from a deliberate and premeditated design to effect the death of the person killed, or of any human being. (3.) When perpetrated by a person engaged in the commission of any felony.”

The counts under the third subdivision charge that the prisoner killed Catharine M.…