Supreme Court of Kansas May 9, 1908, No. 15,741 (State v. Smith)

The opinion of the court was delivered by

Graves, J.:

Appellant insists that' the trial court committed material and prejudicial error in giving the foregoing instructions. The special vice of instruction No. 10 is its last sentence, which reads: “Proof of an unjustifiable killing is sufficient evidence of malice.” Objection is made to several clauses of instruction No.