The Columbia Democrat. [volume] (Bloomsburg, Pa.) 1837-1850, 1838-02-10

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mass of coagulated blood was sufficient, in
the opinion of these medical gentlemen, to
produce death. On the correctness of this
opinion there can be no doubt and the
court and jury as well as the community at
large owe an obligation to these gentlemen
for placing The facts in regard to this branch
of the case, before them with so much
cleamess that there can be not danger of
mistake. In proceeding to give the neces-
sary instructions upon the law of the case
it is proper to apprise the jury that they are
by the constitution in case of this kind the
judges of the ldtO as we'll as of the facts.
1t is the duty of the court to instruct upon
questions Of law, but this instruction, al
though entitled to respectful consideration,
is not absolutely binding in criminal case
The jury may acquit contrary to the opin-
ion of the court, and there is no power TO
set the verdict aside for that cause. But if
they condemn contrary to the opinion of
the court, it is in our power to grant relief
by setting the verdict aside. This author
ity was originally given TO the jury in the
country from which we derive our laws, as
wholesome check upon the power and in
fuence of the crown, which was sometimes
exerted in state prosecutions 10 the oppres-
sion Of the subject. Although there is no
danger at present TO be apprehended from
this sourte, still the power remains as al
ready defined, with the jury, and we!cheer-
fully recognise its existence without any
wish to withdraw it or encroach upon your
rights and responsibilities in this respect.
1t is a principle recognised in our law
books that if the jury have reasonable doubts
in regard to any question of law or fact
arising in the cause, the prisoner is entitled
to the benefit of these doubts, and those
questions which the jury are not satisfied,
beyond all rational grounds of doubt, to de-
eide against the prisoner, are, in accordance
with the humane doctrine of the common
law, to be determined in his favour.
On this Indictment it will be the duty OF
the jury TO determine and ascertain in their
verdict, in case they find against the prison
er,whether the crime Of which they find him,
guilty is murder Of the first degree" "
''na,rder Of the second degree" or "Uoi,m-
tary mapsiaughter." In case they should
be Of opinion that he is guilty of "invOt,u,-
tary maa8Iaughter' only, it will then be
their duty to acquit him on the present in
dictment, in order that he may be proceed
ed against for the latter offence.
MURDER, by the common law, is ''the
unlawful killing of another of malice af0re-
thought" BY our act of Assembly of the
22d of April, 1894, the crime is divided in
to two degrees. Murder of the first de-
gree is where the offence is perpetrated by
means of poison, or by lying in wait, or in
perpetrating, or in attempting to perpetrate,
any arson, iape, robbery, or burglary, or
by any other giibui, deliberate, and pre-
meditated killing. This offence is punish
able with death. BY the same act of AS
sembly, murder of the second degree en-
braces "all other kinds of murder" to wit /:
all murder a0here there is no inttntien to
kill, but which happens in perpetrating
other FELONY than those enumerated in the
act of 1904, OF in the deliberate perpeira-
ton of acts of cruelty or mischief which
manilesty endangers life, or in their conse-
quence materially lead TO bloodshed.F This
offence is punishable by solitary confne-
ment at labor in the penitentiary.
"Mnaslaughter is the unlawful killing
of another aOithom malice, either expressed
This rule must be understood with reference
to the case under consideration, in which the pro-
vocation was sufficient to extenuats the crimes to
Al Il.