State v. Burris

— This is the second appeal of this case. The

opinion upon the first appeal is reported in 194 Iowa 628. The material facts of the case are set out in the former opinion, and •there was but little variation in the evidence upon the second tidal. ■ It is not necessary" that we repeat the facts in this, opinion.

1 1. The court instructed the jury as

“ The distinguished features between murder in the first degree and murder in the second degree are that, in the former, or murder, in the- first degree, there must be, in addition to the ele’ment of malice aforethought, a specific intent to kül; and…