The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1871-12-01

|
a point three and.a.half inches above
the umbilicus or navel, and seven
eighths ofan inch to the left of the CEN
| tire line of the body. From this point
the ball passed through the stomach
and portion of the liver, and going
through the body lodged on the outside
Of the eighth rib under or below the
| right arm, at point three and half
inches higher on the body that the point
of entrance.
OF the wound then received the de.
ceased died on the eighth day after
wards.
On the part Of the prosecution it is
alleged that the firing Of the pistol was
a wilful act on the part of the defen-
dant; that he had unfriendly feelings
towards the deceased; that he had
grudge or spite against him, and that
he put the pistol in his pocket or had it
about his person for the purpose of in
juring the deceased with it, and, as is
alleged, with intent to take his life.
On the other hand the defendant al.
leges that he was, as he professed to be,
a friend of the deceased had no inten-
tion to do him harm; that while hand
ling the pistol, which was about his
person for the purpose of being carried
on their ride to Greenwood, it was acct
dentally discharged. These are the
allegations in general terms. They
necessarily involve the consideration of
questions under the law in regard to
homicide in several of its grades. AS
| plainly as l can, and generally in the
language OF the law as it has been au-
thoritatively established, will explain
10 you what constitutes the crime of
murder in its different degrees. Under
an indictment for murder the defendant
may be acquitted for the murder and be
found guilty yofvoluntary manslaughter.
l will therefore define that offence.
And as homicide, happening by mis-
adventure, is excusable, it is necessary
that you should understand the law up
on that subject.
Homicide is the killing of another,
and is divided into three classes: Ex-
cuslble, Justifable and Felonious.
E.rcuSable Homicide is divided into
two classes: First, when man doing q
lawful act, without any intention to
hurt, kills another. Second, when in
self defence, upon sudden affray, one
kills another. In regard to the first OF
these subdivisions, we shall have occa-
sion for further explanation when we
consider the subjects of manslaugh hter
and misadvonturc or accident In re.
gard to the law self.defence,, no ques.
ton is raised which requires cur con.
|, sideration.
JuStifaJie Homicide is where life Is
, taken by an officer of the law under
proper authority, and in some Other
cases, not important to state here, fol
the reason that tho evidence presents
, nothing for us to consider under thi
, head.
Fe'OniOus Homicide is either murder
or manslaughter. Murder il, where {
person ofsouud memory and discretion
unlawfully kills any reasonable creature
III pe'"E, """ III '"e peace VI t'ie oohi'
'''o''"e'''u' WIN l''"'icc "o'F'hou8h'
express or Implied.
Express malice is where one kill
another with a sedate, deliberate mind
and formed design. This design may
a;. -. s'o'l 90 .
. owl ,Ioratn 40 u,o -, ,,,,,a,, a,.
hod;I,, harn, .saroh,, tH ,;;,aan., ~" .,'
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= rhn ,,,ao,i,or tha ,o. a,,.
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n -. -,
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E ticu,or animosit,, oooirst ,ho dooo,sod
e hrt n n,oans 10, ha,, ,,,n,, ~ 80, =,
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o ana,h,,',,,,. 49, 'ro
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: - -, ,.,.;aI,o,,a,,5 ,a,.,,,,. ,>.;'7,
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). and IaIiba,ot.l,. Lant pr, isobiaf
IL Tnlowrn, tiiling with malice or
! Aha o,on,on., ,,hioh observation-disclosures,
n or ,,nrdor
o W,neIan,b,o.i, tho horn,ou,,,,Liuio
IA 90 ana,han ,,,i,,o,, It, oi.rar -,
d nras. or in,,Iiad. II Is ~ tu,o l,inds
/. In,,,,nntar,, ,,arsr,uahtor ,,.hora
,I,,,I,,amno,r, thot noi,ho, Ioo,, n
, ,,,at na.i,,,, hor,,, ,,,o, ;,'ton1o,
=, s 5aath 'a.a;J,ntai,,, oa,,ao,, h,.aa,,
: 1Ia,,.I.,I aa., nat ,ot at.;a.i,, ,a,,
No r,, ~ ~ ,,saIC hnt dono IN an unIowr,
o. ,aanror ord y,,hont dro caut;on II
!; ,,sroII,, onorio,l c,.ns uhoro nothir
- ,,,a, ,,tondod than n n,oro go
40 -unon an Indictment for murder thpr
-, ] 10 aon,,iotion ~ ianoI,,,,t,,
, ,,ans,anc,,Iar
~ n'rn,,n,ta,,, uo,syoyob,er il tho
,v I,w,uI kil,inr of another withor
y ,m"I,na Tn nrIar to reduca the ora,