People v. Long

Citations

• 39 Cal. 694
• 1870 Cal. LEXIS 138

Syllabus

<p>Murder in the First Degree.—Murder in the first degree, unless committed in perpetrating or attempting to perpetrate arson, rape, robbery or burglary, is the unlawful killing, with malice, and with a deliberate, premeditated, preconceived design to take life, though such design may have been formed in tho mind immediately before the mortal wound was given.</p> <p>Murder in the Second Degree.—Murder in the second degree is the unlawful killing with malice, but without a deliberate, premeditated or preconceived design to kill.</p> <p>Instructions to Jury.—Practice on Appeal.—When the evidence is not brought up in the transcript the judgment will not usually bo reversed for an alleged error in the instructions; but where the Court gives an instruction which is clearly contrary to law, on a particular point, it will bo presumed that there was some evidence requiring an instruction on that point.</p>