64 Sickels
1 opinion
The facts, so far as material, are stated in the opinion. Everything the defendant said and did np to the very time of the trial, and even upon the trial, may be given in evidence before the jury, and may be considered by the expert in forming his opinion. (Cauldwell v. Murphy, 11 N. Y. 416; Werely v. Persons, 28 id. 344; Abeson v. Lord Kinnard, 6 East, 188; 1 Greenl. on Ev. § 102.) The learned judge erred in his charge to the jury as to deliberation and premeditation.
