71 Mo. 218 | Mo. | 1879
I. The defendant was indicted for the crime of murder in the first degree; the name of the person on whom the murder was alleged in the indictment to have been perpetrated, was “ Martin Edward Hogan.” On trial had the jury by their verdict found the defendant guilty of murder in the first degree, and he was thereupon sentenced in conformity to the verdict.
And we do not regard the'definition, of the word “deliberately ” as made any clearer by the words which follow the word “ purposely ” in the same clause. Even if we grant that the word “considerately” is a synonym of “ deliberately,” still “considerately” is not defined, and the jury were as much in the dark as if the word being defined had been merely repeated in the explanatory sentence. Nor do we think the matter is helped by the addition of the words that, “if'the defendant formed a design to kill, and was conscious of such a purpose, it was deliberate,” because every intentional killing, a killing with premeditation, as above seen, only makes murder in the second degree; and it is impossible to conceive of such a killing unaccompanied by a previously formed design to kill, or