...escape the conviction that this definition of murder is faulty. The first provision makes honiicide murder, "when perpetrated without authority of law and with a premeditated design," etc. Now, when a person kills one who is attempting to commit any felony upon him, he does so without...

...first degree is defined by the statute to be the killing of a human being without authority of law, "with a premeditated design to effect the death of the person .killed, or of any human being." In determining the nature and degree of the crime, the intent of the accused is to be...

...being without the authority of law, by any means or in. any manner : 1st. When done with deliberate design to effect the death of the person killed, or of any human being; 2d. When done in the commission of an act imminently dangerous to others; and evincing...

...anger, it does not amount to murder in the first degree. THE COURT. — It does not. It must be fired with a premeditated design to effect the death of the person killed, in order to constitute murder in the first degree. 284 ABBOTT'S PRACTICE REPORTS. Ruloff's Case. third...

...24 Wend., 520, that where, in an indictment for murder, the crime is charged to have been committed with a premeditated design to effect the death of the person killed, the premeditated design, or express malice, must be proved, although the act be also charged to have...

...was a necessary part of the case of the prosecution to establish that the homicide was perpetrated with a premeditated design to effect the death of the person killed ; yet the court, assuming to determine what the circumstances of the killing were, solemnly instructed...

...was a necessary part of the case of the prosecution, to establish that the homicide was perpetrated, with a premeditated design to effect the death of the person killed — yet the Court, assuming to determine what the circumstances of the killing were, solemnly instructed...

...deliberately " premeditated malice aforethought." Murder "first, when perpetrated from a deliberate and premeditated design to effect the death of the person killed, or of any human being. Second, when perpetrated by an act imminently dangerous to others, and evincing a depraved...

...was a necessary part of the case of tho prosecution to establish that the homicide was perpetrated with a premeditated design to effect the death of the person killed; yet the court, assum VOL. XIII.— 64 Stokes v. The People. ing to determine what the circumstances...

...existence. That divided the crime of murder into two degrees: the first, where the homicide was perpetrated with a premeditated design to effect the death of the person killed ; the second, where it was caused, without any design to effect death, by a person engaged in the commission...