The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1874-03-22


or, In your discretion, 10 confinement
In the state penitentiary for life.
lrlflh--Ify0u find aud believe from
the evidence that the defendant, High
Ainsworlh, took the life of Reed q.
boyd In the time, county and mentions
cd yet the proof falls 10 Justify you
that such killing was done wlIheNpress
malice, you will then enquire whether
II was done under such circumstances
Us the law would imply malice,
If the defendant aud the deceased
were on friendly termsup 10 the killing
or lfthey had had some misnnderstand-
Ing or III feelings, but not ofsuch u ma
ture M TO clearly show, a deadly Intent
or purpose on the pnrt of the defendant
and whilst such friendly relation
exlsted--0r whilst such relation OF III
will, not sufficient or clearly indicative
of u deadly purpose existed, this de-
PENDANT took his gun and killed the
deceased, this would be murder with
implied malice or murder In the second
degree, and II " murder with Implied
malice for the reason that malice In
such case IL an inference or deduction
from facts proved and not u necessary
aud reasonably Irresistible conclusion.
The punishment for murder In the
second degree, " confinement In the
State penitentiary for any period not
less than five years.
Sixth--If you lind and believe from
the evidence, that the defendant, High
Alnsw0rth, took the life of Reed q.
Boyd, in the time and place stated,
and that he did the net In transport
of rage or passion, arising from an ad-
equate cause, rendering him ut the
moment he committed the act incapa-
BILE of cool reflection, or incapable Of
contemplating the consequences Of the
act then done--you will find him guilty
Of manslaughter; or II you believe
that the defendant killed the deceased
for insulting words or conduct of
the deceased towards the wife of
the defendant, and that this defendant
killed him Immediately upon the hap
pening of such insulting conduct or In
sulting words, or as soon thereafter az
the defendant met with the deceased
after being informed Of such insults;
or, II the deceased attempted to ravsh
the wife of the defendant, and the de-
PENDANT, after being informed of such
attempt, and the first time he met de-
ceased thereafter defendant killed de-
ceased, you will find him guilty OF
manslaughter.
Seventh-Manslaug Is voluntary
homicide committed under the imme-
date influence Of sudden passion, aris-
ing from IN adequate cause, but nei-
ther justified or excused by law.
Eighth-By the expression "under
the immediate influence of pass!on,"
is meant either of the emotions of the
mind Known rs anger, rage, sudden re-
sentiment or terror, rendering it inca
pable of cool reflection; and an ade-
quate cause for such passion is insult
ing words or conduct to, or an attempt
to ravish the wife of the defendant by
the deceased.
Ninth--The jury are at liber ty to de
termine whether under all circum'
stonces, the insulting words, insulting
conduct or attempt to ravish, Were the
real cause which provoked the killing;
and, If you believe such was the real
cause, and that the defendant did the
killing rs charged, you will find him
guilty Of manslaughter.
Observation-Disclosures is prescribed
according to the degree of culpability
: shown by the circumstances under
which it was committed-by imprson-
ment in the penitentary not less than
two nor more than five years.
Eleventh--By the foregoing charges
: and definitions you will see that, II
the defendant killed the deceased, and
| l,nt u In N
deliberate mind and formed design OF
specific intent, and such specific intent
and deliberation is proved, that the
killing would be murder in the first de-
gree. If the killing is SO established,
but the malice is not formed by acts OF
T words satisfactorily and conclusively,
but is an inference or deduction, that
the killing is murder in the second de-
gree. That if the killing was done by
defendant, but was done in transport
of passion, arising from the insulting
, words or Conduct of deceased to the
wife of defendant, and was done at the
time of such insulting words OF con-
duct or the first time defendant met
deceased aftor being informed thereof,
that the killing would be manslaugh-
ter.
Twelfth-Evidence that satisfies you
that the defendant killed the deceased
after he had attempted to ruin the
wife Of the defendant, and after the de.
ceased had gone from the presence of
the wife, and that he killed the de-
ceased the first time he met him, would
reduce the offence from murder to man.
slaughter and no further. A man is
permitted, under certain circumstances,
to take life for the purpose of prevent
ing certain offences, and in case of ac-
tual rape, the offender may be killed
while committing the act, or before he
has escaped from the presence of his
victim, and be justified, but not after
wards.
Thirteenth-Th defendant is pre-
sumed innocent until his guilt is estab-
lished by legal evidence. And if you
have a reasonable doubt of his guilt, 1t
is your duty to acquit.
Fourteenth--A reasonable doubt is
not mere fancy or supposition, but is
such n one Us really and substantially
grows out of the evidence; and if, after
comparison of all its parts, bearings
and weight, it still fails to impress, or
fully convince you that the defendant
is guilty of any of the degrees charged,
and that you do not feel that you can
confidently say he is guilty in any of
the degrees coming under the charge.
Fifteenth-The jury, in all cases, are
the exclusive judges of the facts proved
and of the weight of testimony. You
can accept or reject all or any part of
it.
s. HARE, judge.