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State v. Smith

Citations

  • 26 N.M. 482
  • 194 P. 869

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Murder in the second degree is murder with malice, but without deliberation. P. 493</p> <p>2. “Malice” and “premeditation” defined. P. 491</p> <p>3. Malice in the law of murder is not a conclusion of law, b.ut an inference of fact. P. 494</p> <p>4. In a case where the prosecution attempts to prove murder in the first degree, prepetrated by lying- in wait, and the defendant pleads self-defense, the court properly instructed the jury on murder in the second degree. P. 49 5</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that express malice, a concept now incorporated in the “deliberate intention” element of willful and deliberate murder, can be inferred from the evidence presented
  • second degree murder is murder with premeditation or malice aforethought, but without deliberation

Source: CourtListener parenthetical corpus (CC0).

Judges: Parker, Raynolds, Roberts

Read full opinion on CourtListener

Cited by

31 cases in this archive cite this case; the 20 most cited are listed.

Cites

3 cases in this archive are cited by this case.

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