State v. Mellillo

The opinion of the court was delivered by

CarRISON, J.

The plaintiff in error was convicted, in the Hudson County Court of Oyer and Terminer, of murder in the first degree. The judgment now brought up by this writ of error is attacked upon three grounds, all of which relate to the charge of the trial court.

The first ground of error assigned is that the jury was instructed that “murder in the first degree is where death results from a deliberate, willful purpose to take life; a deliberate intention preconceived beforehand to kill and that intention executed and carried out.”

The charge of the…