State v. Harris

Richards, J.,

in charging the jury, refused defendant’s request and stated that it was for them to determine whether the defendant was innocent or guilty, and, if guilty, whether he had committed murder in the first or second degree. State v. Boice, Houst. Cr. Cas. 355. He, also, defined murder of both degrees.

In connection with murder of the second degree, he instructed the jury that implied or constructive malice was an inference or conclusion of law from the facts found by the jury; and among these, the actual intention of the prisoner at the time of the commission of the fatal act became…