The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1881-10-29

ffOm'clde IL the killing OF a human being
by u human being.
There are three kinds of homicide JUST
hahie, excusable, and felOniOus.
Justifiable homicide, as one shoots q pub
Nc enemy in the legal prosecution of law
full war, or the sheriff executes another sem
fenced to death by the court. or kills a pris
Oner charged with u felony, III the effort to
prevent his escape.
Excusable homicide is when the fatal
blow is struck as the only probable 9
Of saving the life Of the accused, or Of
freeing himself from impending griev0us
bodily harsn. Or where the killing is done
oy ANY misfortune or misadvehture. in do
ing q lawful act with proper precaution.
Fel0niO"s homicide is the killing of u hu-
man creature, without justification or ex-
cuse.
The ~felonious killing of another il muir.
der Or m~anslaaghter. The difference be-
tween murder and manslaughter is this !:
when the unlawful killing Is done with
malice, express or implied, 1t 10 murder ;
when 1t Is done without malice. 1t il man
slaughter. =,
Tue accused, Faustln Martin, stands in.
dicted before yOu for the murder Of George
Ronntrre, ON the l4th- day Of Auguat 1850.
Murder IL where u person Of sound men,
Or.v and discretion unlawfully kills any
human being. in the peace Of the State Their
being, with maliee afOrethDught, either ex.
press or implied.
Malice Is AL essential ingredient of muir.
der. tor without it., there can he nc murder.
The malice necessary to constitute mur.
der has II much broader Specification than
what il understood to be meant b- the tern,
in its popular sense. In the latter sense. it
signifies desire 81 revenge. OF . settled w
ger against IL particular person But in it's
legal sense, 1t denotes the wilfull doing Of
y wrongful act without lawful excuse. It
is III evil intent the conscious Violation
Of the Law to the prejudice of another.
Malice ia either express Or ill., Piled.
Express malice 10 proved by evidence Of
. deliberately formel design to kill aneth-
o., which may BE- Shown from the eircum-
stances Attending the act, Such - the Gel,.
beratO selection and use Of i deadly weap.
on, . previous grndXe. n~rtecedent threats.
or otoer circumstances which show that the
criminal purpose was really entertained.
Implied malice is where. though no per.
sonal enpity may be shown, the act is done
without YrovOcatl0n, or apparent cause, or
IN o deliberately careless manner, or under
such circumstances US show u wicked, de-
prayed. ami abandoned heart, regardless of
social duty.
1t is not. necessary that this malice should
have been for etliought or contemplated for
any length Of time. This intent. purpose
and design to kill or to do other great bod
~ harm, may exist but for AZ instant he.
fOrO ]: Is executed.
In order to convict the prisoner Of muir
der, it devolves upon the State to prove
the existence of this malice to the reasona
bic satisfaction of the Jury.
Granddaughter is the unlawful killing of
another without malice, either express or
implied.
The distinction between murder and MAI
slaughter Is this, that in murder. malice,
either express or implied, is present, while
in m~aDslaughter, it is absent.
Voluntary manslau.hter is where the act
Is committed with a real design TO kill but
under such circumstances If prvyocation
that the reason Of the party killing was ~
the line OF the act oOscured by passion to
an extent which might render ordinary
men, Of fair average disposition, liable to
act rashly, and from passion rather than
Judgment.
Involuntary ~manslaughter is when one
causes the death Of another in The commits
sion of some unlawful act, or Of q lawful
act by unlawful means, but without the in
rentiOn to take life. An instance of man.
slaughter i'll the commission of an unlawful
act is furnished when u person shooting ut
Il chicken with intent to steal it, by acct
dent Kills another person OF m~anslauuh-
ter in doiu. a lawful act in An mnia ~,
manner when a uerson tn ward off . sl;ni..
attack or a n%ou.fe,oniuus. modsr.,. h.,tasn
nuiutentionally kills his ass.;Iant hv aru.
~ and reckle<sly resolting to more violence
than was necessary 20 prevent the intended
attack.
TO reduce a felonious hon,;c;da from .ho
degree Of murder to that of mansianah."r
it must he done under fhe ;nArana" * 49, TO-
sion ,roduceI Inv smch ,rovoa.,;n' y. pa,
naturally and Insanity ba.t ,I. hlo,S "nH
excite the minds of m.su as or.1;n"";r" an'
stitute,l. 'o"-
Wh.r. the nrovoc.,;o, fall, ~
or if there was time for passion tn s,hs ;;
and the blood tu cool: pr II thsr. :. ~;
of nc, nal ~,naI;ca n, ;f ,h. os'
tion he resented IN :. hr,t. ~ P.osooe-
manner ev;uc;n, = n,.'"" ~ Ieloc!ous