People v. Guance

Citations

• 57 Cal. 154

Syllabus

<p>Instruction—Murder—Criminal Law.—Upon the trial of an indictment for murder, it is error to instruct the jury, that if they find from the evidence that the defendant killed the deceased, as alleged In the indictment, or that, being present, he aided others in the unlawful killing of the deceased, and that such killing was with malice aforethought, they will find the defendant guilty of murder in the first degree.</p>