People v. Mendenhall

Citations

• 6 Cal. Unrep. 631
• 63 P. 675
• 1901 Cal. LEXIS 1232

Syllabus

<p>Assault to Kill—Malice—Instructions.—On prosecution for assault with intent to murder, an instruction that the malice necessary to make a killing murder might be either express or implied, though technically correct, was inapplicable and erroneous, as the intent must be proved in such prosecution, and implied malice may show no actual intent.</p>