The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1871-12-28
STANTON VIRGINIA. THURSDAY DECEMBER 49, 1871

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a burglary, &c. which have no bearing OF
this case.
| Keeping clearly in view the forcgoin!
standpoints of criminal law. taken in connec
ton with the rule as to the burden Of proc
with regard to which I shall presently in
struct you, an ignorant man, much less an IN
telligent jury, eau, if the facts are agreed
readily apply the law to any given case o
voluntary homicide, and intelligcntly assign
the killing, to murder in the frs! degree
murder in the second degree, naanslauyhter
or justiiable homicide, to whatsoever o.
these four it may properly belong.
| In conformity to the foregoing general IN.
struction, and waving the question Of
murder in the in the first de .ree as waived by
the Commonwealth Attorney, the followin.
special instructions are given.
1st If the jury from all the evidence, be-
ieve that the prisoner at the bar, partly out
Of cool ma.ignity of heart, and partly out OF
passion of anger arising from inadequate
provocation immediately before received, did.
without further reflection, Instantly conceive
the purpose Of killing the deceased, and at
once, in malice and undue passion, did effect
his purpose by Staying the deceased with a
deadly weapon, you will find the prisoner
guilty of murder in the second degree and
fix the term Of his imprisonment in the pen
itentiary at p9t less than FIVE nor more chan
eighteen years.
End IF the jury from all the evidence, be-
l.eve that the prisoner at the lar without NAL
ce or maignity Of heart, but upon great aud
enormous provocation and consequent excess
Of passion or heat Of blood, such as would un-
der similar circumstances render ordinary
men Of fair average disposition liable to act
rash)y without reflection, upon passion rather
than Judgment, did, before his blood haG
time to cool, and while lis power of reason
was thus to great extent, if not wholly de-
throned. kill the deceased, though with a
deadly weapon, you viii render verdict OF
manslaughter, and ascertain the term of his
imprisonment in the penlteutiary so that it
be not less than one nor more than five
years.
Bird. The jury are further instructed that
under the law as expounded in this State in
every case Of voluntary homicide, such vol
untary homicide being first proved, malice is
implied, and the law devolves upon the ac-
cient provocation or extenuaton to reduce
the crime from murder to mansIaughter I'M
less they arise out of the evidence produced
against him, and the res gesta or circumstan-
ces attending the killing as disclosed upon all
the evidence. But it is material to just
understanding Of this rule as to the legal pre-
sumption Of malice, that it is conclusive Only
in those cases where the xii ing is proved aud
nothing further is shown; for if the circum
stances disclosed tend to extenuate the act,
the prisoner has the benefit of such facts and
all doubts arising thereupon as to the exis-
tence Of malice. Accordingly the jury are
instructed that If upon all the testimony for
and against the prisoner, they believe that
the evidence only shows that the prisoner at
the bar. did, with deadly weapon, intention
ally kill the deceased, and that it shows moth
ing more in behalf Of the Commonwealth,
and neither shows nor tends to show any cir
cumstances Of extenuation on behalf of the
prisoner, they must fud the prisoner guilty
Of murder in the second degree, and fix the
term of his Imprisonment in the Penitentiary
at not less than FIVE nor more than eighteen
years. But on the oil er hand, if such evi-
dence additionally disc!oses circumstances
which show an absence Of malice, or raise in
the minds of the jury reasonable doubt
whether the homicide was malicious or COM
mitted upon adequate provoeation SO as to
extenuate the oGeace to mansaughter, then
the jury will find the prisoner guilty Of man
slaughter, and determine his confinement in
the Penitentiary at not less than one nor
more than Eve years.
4. IF the jury from the evidence, believe
the prisoner at the bar at the time Of the kill
ing, had just cause to apprehend either the
loss of mis- own life or great and enormous
bodily harm to his person at the hands of tho
deceased, you will find the prisoner mot guH
IT,"
5. Finally you are instructed that under
the law all doubts must be resolved in favor
of the prisoner, and that in case you enter
tain reasonable doubt Of his guilt your ver-
dict must be not guilty.