American citizen. [volume] (Butler, Butler County, Pa.) 1863-1872, 1867-04-17

Wnlcn the defendant IS cnarSel Win
murder, and if the, evidence variants,
be may be found guilty of murder of
the first, or of the second degree, or of
manslaughter, on this indictment.
Murder, al common law, is the unlaw>
full killing of any reasonable creature in
being, in the peace of the Common
wealth with malice alorethought, either
express or implied. This definition is
adopted in Pennsylvania and our Leg
islature, by an act of 22d April, 1874,
provided punishment for the offence
declaring and defining what shall be cons
sidered murder in the Grst and second
| degrees and under this act our courts
had so we'll defined the offence, and it
has been so we'll settled among the pro.
| fesson, as to induce the codifers of our
criminal Law, in 1860, to retain it un-
changed, and the Legislature to re enact
il, without any modi ication whstever.-
| will now read it to you:
" All murder which shall be perretra-
ted by .means of poison, or hy lying in
yait, or by any other kind Of Rillul, de-
liberate and premeditated killing, or which
shall be committed in the perpetration of,
or attempt to perpetrate any arson, rape,
robbery or buralary, shall sbe deemed
murder Of the frs degree and all 9TH
er kinds Of m6rder shall be deemed muir
der OF the second degree aud the jury
before whom any murder shall be trlod,
shall, If they find such person guilty
thereof, ascertain in their verdict wheth.
eF it be murder Of the first or second de-
gree but if such person shall be con
Victed by confession, the Court shall pro
coed, by examination Of witnesses, to de-
termine the degree of the crime, and to
give sentence accordingly.
1t will be observed that all murder PER-
petrdted in the attempt to commit the Of.
fence Of arson, rape robbery, or burglary,
wherein life is taken inten tional.y or 9TH
clwise, in the commission of either Of
these offences, is murder in the Grst de-.
gree; and the Commonwealth is not
bound to show on the trial that it was
the intention to take life because, while
in the commission of either of these fell
onies the act makes the taking Of life
murder in the first degree.
It is not coutcuded in this case that
the offence, for which the prisoner is put
upon his trial to answer, comes within the
provisions OF this clause Of the act,
The other clau, Of this portion of the
act declares that when life is taken by
means of poison. or when the party is found
y ing in wait-or the offence is committed
by any other kind Of wilful, deliberate
and premeditattd killing, it is also muir
der in the first degree. Under This clause
the mixing aud preparing the poisonous
cup for another, requires de Iteration ;
or, lying in wait-which is to lie in am
bush, to be secreted, IN order to fall by
surprise on the enemy-requires deliber-
ati0u aud design. "And by any other
kind OF wiliul, deliberate and premedita
ted killing" requires reflection and tho't;
and, in all these last described in this
clause, the intention is the essence of the
crime; and, whenever that intention is
murderous, the killing is murder in the
first degree. And then all other kinds OF
murder not Included in the foregoing
clause, which have explained, viii be
deemed mulner in the second degree I;
and includes all cases Of deliberate hom-
icGes, where tne intention is not to take
life aud instances are given us b. our
law writers. To illustrate az,
where a workman throws timber from n
house IN a street Of a populous city where
he knows many persons are passing and
repassing; or, the shooting at fowl with
an intent to steal it and killing an indi-
vidual or, where death takes place in a
rlotous ARRAY where there was nc inten-
ton TO kiH; or, il pregnant woman be
killed in an attempt to produce an abor>
ton, altl ough nolntentiou to take life
it is murder III the second degree.
The question for your inquiry will be,
If satisfied of the fact thst the defend
ant committed the act, was the killing
deliberate and premeditated with intent
to take life, or was it merely to do bodily
harm? Whenever the delibar inten-
tluu Is to take life, aud death ensue, it is
murder in the first degree; whenever it
is TO do bodily hahn or other mischief,
without the Intention TO take life, and
death ensues, 1t i5murder in the Sc oud
degree
The law in the case of unlawful kill
ing, presumes malice; and express malice
is where one kills another with seIate
aud deliberate mind, or formed design
and this formed design may be discover,
ed by the evidence of surrounding cir,
cuustances connected with the defend.
ant, which may show to the jury his IN
ward thoughts and his intentions; or by
his threats and declarations, or menaees
toward the deceased or, ny his lying in
wait for the deceased; OF, by any prccon
certed plan to do him bodily harm
Malice is implied by law from any de
/ liberate criminal act committed by one
person against another, however sudden
and, in legal sense, any act done vii
fully aud purposely TO the prejudice and
OF another which is ualdwfuk, is, as agins
that person, malicious. Thus, where ;
person kills another suddenly without auy
or any considerable, proyoea6oa, tho Law
implies malice; for it supposes no per
son-unless of wicked heart-wouldh b.
guilty OF such an acs upon very slight, OF
no porecptible cause; and may remark
as a general rule, all homioides are pre-
sumed to be malicious, and will be sc
/ L AZ ,,a4tI+ IL