Lying In Port

Where a vessel has been lying in port for a long lime a policy “at and from’’ the port attaches as soon as preparations for the voyage are commenced, but if she changes ownership in port, it attaches only when.the assured becomes owner; Seamans v. Loring, 1 Mas. 127, Fed. Cas. No. 12,583; Kemfle v. Bowne, i Cai. (N. Y.) 75; Smith v. Stelnbach, 2 Cai. Cas. (N. Y.) 158. Lying in wait Is evidence of deliberation and Intention. Where murder is divided into degrees, as in Pennsylvania, lying in wait is such evidence of malice that it makes the killing murder in the flrst degree. See Dane, Abr. Index. To constitute lying in wait, three things must concur; Waiting, watching, and secrecy. Riley V. State, 9 Humph. (Tenn.) 651.