Criminal Law—Murder—Expert Evidence—Hypothetical Question. In a prosecution for murder, a medical expert testifying for the prosecution may be asked a hypothetical question based upon the evidence for the prosecution. It was not necessary that it should include all of the evidence in the case.

Id.—Waiver of Objection to Hypothetical Question—Improper Objection.—An objection to the form of a hypothetical question as involving a conclusion, which was not urged in the superior court, and which could not prejudice the defendant, is waived and a general objection that the question was a “hypothetical question not warranted by law,” raises no issue and amounts to nothing.

Id.—Instructions—Burden of Proof as to Elements of Crime.— An instruction that “each and every fact and circumstance relied upon by the prosecution must be proved by the evidence beyond all reasonable doubt, and if the jury are not satisfied beyond a reasonable doubt that each such fact and circumstance has been proven, it is your duty to find a verdict of not guilty,” is not prejudicial to the defendant, and is to be construed with other instructions given wherein the people’s duty to prove beyond a reasonable doubt all the elements of the crime charged was clearly set forth.

Id.—Presumption of Innocence—Instruction Bequested by Defendant.—The defendant cannot complain of an instruction requested by himself, “that the presumption of innocence attaches at every stage of the case and to every fact essential to a conviction, and remains with the defendant throughout the trial until the contrary is established beyond a reasonable doubt.”

Id.—Homicide by Officer—Eefusal of Instructions—Presumption of Official Duty.—Where an officer was charged with murder, the court properly refused to instruct the jury “that the law presumes that, if the defendant was an officer and acting as such at the time of the alleged homicide, he was doing his duty,” as it conveys the misleading suggestion that if the defendant was an officer he had the right to kill the deceased.