It was for the jury to determine, under all the circumstances disclosed, whether appellant was guilty of murder in the first degree, as charged in the indictment, or of one of the other grades of homicide; and it was incumbent on the People to establish, as an essential element of the crime of murder in the second degree, an intent on the part of appellant to kill the deceased. Evidence was adduced on the trial that appellant had been drinking, and the jury might have concluded...
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