The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1874-03-28

The punishment for murder IN the
second degree, IL confinement In the
State penitCntiary for any period not
less llan Ave years.
SiXth-lf you find and believe from
the evidence, that the defendant, High
Ainsworth, took the life of Reed &.
Boyd, in the time and place stated,
and that he did the act in II transport
of rage or passion, arising from an adj
eauute cause, rendering him ut the
moment he committed the act incapa-
bic of cool reflection, or incapable of
contemplating the consequences of the
act then done-you will find him guilty
of manslaughter; or If 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 i'm mediately upon the hap
pcning of such insulting conduct or i'll
sulting words, or as soon thereafter as
the defendant met with the deceased
after being informed of such insults;
or, if the deceased attempted to ravish
| the wife of the defendant, and the de-
| fendant, 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
manslaughtcr.
Seventh-Manslaug is voluntary
homicide committed under the imme-
diate influence of sudden passion, aris-
ing from an adequate cause, but nei-
ther justified or excused by law.
Eighth--By the expression "undcr
the immediate influence of PASSION"
is meant either of the emotions of the
mind ki,Own aS anger, rage, sudden re-
sentiment or terror, rendering ii inca
pable Of cool reflections; end an ade-
Quatc 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 circiim.
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 defen liant did the
killing as charged, you will find him
guilty of manslaughter.
Tenth-Manslaughter is prescribed
according to the degree of culpahility
shown by the circumstances under
which it was committed-by imprisOn-
ment in the penitentiary 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
that such killing was the result Of Il
deliberate mind aud formed design or
specific intent, and such specific intent
and dcliberation Is proved, that the |
X Hing would be murder in the first de-
gree. If the killing is so established, |
but the malice is not formed by acts or |
words satisfactorily and conclusivcly, |
but Is au 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 couGuct of deceased to the |
wife of defendant, and was done at the |
time of such insulting words or con-
duct, or the first time defendant met
deceased after 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. 4 man is
under certain circumstances,
to take life for the purpose of prevent-
ing certain offences, and in case OF ac-
tuaf rape, the offender may be killed
while. committing the act, or bef0rc he !
has ps raneI from the presence of his |