State v. Clayton

The opinion of the court was delivered by

Garrison, J.

The plaintiff in error was tried for the shooting and killing of a police officer who was in the act of *674placing a hand upon his shoulder either to arrest him. or to detain him or to expostulate with him. The shot may have been fired on a sudden impulse or after premeditation and with a deliberate intent to kill. The jury found the latter.

Upon the question of murder in the first degree the following instruction to the jury is brought before us upon error ■assigned on a bill of exceptions: “If the shooting was done with deliberation and…