California Supreme Court July 1, 1870, No. 2,158 (People v. Long)

Crockett, J.,

delivered the opinion of the Court.

The defendant was convicted of murder in the first degree, and has appealed from the judgment. On the trial the Court, after reading to the jury from the statute the definition of murder of the first and second degrees, charged as follows: “Murder, therefore, of the first degree has in it the ingredient of malice towards the person killed; and