The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1881-10-29
THE WEEKLY THIBoDAUx SENTINEL. SATURDAY, OCTOBER 20 1881.

eSe AAOs0 go
existence of tho intention to kill, and If this
evidence satisfies you beyond q reasonable
0 that the killing was done with NAL
ice OF heart. and without any iustihcatlon
or excuse, then you will find the defendant
guilty rs charged in the indictment.
II from all the evidence. You ale c0nvinc.
60 OF the killing, but are not convinced
that 1t was done with malice. you ought not
to lind the accused guilty of murder.
1t you find that tue accused caught up q
stick OF. = sudden, in fright or in hot blood,
anu that the accused did not know whether
the stick was an instrument likely to Kill,
then no inference OF malice can be drawn
from the use of that stick.
II yon find that the defendant, at the.
time OF the killing, had q reasonable up.
E,rehensiOn that it was the intention OF
him and take his life. or do him some crest
bodily harm, he had the right to defend
himself, and it would make no difference
whether the danger was real or imaginary,
50 that 1t hxd the appearance of being real.
But, III order for the accused to justify him
self on this ground. you mnst believe FROM
the evidence that the circumstances Nj
rounding the parties were such ~ to Gre
Ate y just and reasonable a~ppeehsasioD
niuk &c an immediate assault On tho secused,
AMI take his life OF do him sosse greet h0di-
y harm, and that he wouhl DO 20 unless
prevented BY such act a eelf defcnco ~
was then in the power at tho accasUd, and
Il You ~ believe, you yill, BY yspr verdict
mud the defendans net Guilty, unlcss yon
further believe that the difbcalty was co0r
mcnced by tho defendant for tkN parpose
Of having . pretext for taking the life of
" harm.
A slayer cannot urge. in bic Own jasti6.
cation . necessity produced by his own
wrongful and unlawful act. as n valid ress-
ON for killing his sssail1nt, nor does the
law allow q person to seek N difficulty, ana
wdHnlly bring an attack upon him; and
then shield h'msel. FROM the consequences
OF killing his adversary. on the xrouId that
fence.
lfyon find that tho accused md tho de-
ceased had q sudden quarrel, and that the
accused in sudden heat aud passion. and
not to defend himself from what he believ-
I'd. and had reasonable ground to believe
to I've an iinWediate and impendin. danger.
wliltulIy struck ROuntree u bow from tho
effects Ut which he died, you should find
the accused guilty of m~anslaushter.
II = person does an unlawful act, the Law
charges him with tho knowledge Of the
probable c0nsas luences Of such act: there.
fore, if you find from the testimony that
the prisoner took u stick. believing it to be
. weapon net likely to kill, but Indicating
by words ard acts at the tune that he in.
tended to do bodily harm to the deceased.
and did III fact strike the deceased without
intending to kill him, he. the defendant. II
he wac not at the time lawfully exercisine
his right Of self defence. OF If be employed
un'awf force, or employed lawful force to
gu extent unlawful, cannO claim q iusti6ca
ton which will shield him from all. respOn-
slbllity. solely on the ground that the xii
ling was accidental. Fer, under such cir.
cuEstances. though You should be satisfied
thai the evidence tended to show that the
mortal blows were struck under the ipfiu-
euce OF sudden passion. and that the injury
was inflicted in u cruel manner or unlawful
~. the accused would be guilty of tbet
grade OF felonious homicide which tho law
calls involuntary manslaughter.
IA the trial Ut the commission of Il homi-
eide, the proof that tho accused il of "A mild
and peaceable temper. and haLits cann"t
avail against clear proof of guilt, but inch
evidence Is not merely Of value in doubtful
cases, but will Of itself sometimes create "A
doubt where, without it none could exit:
and II character Tor peace and ouict he
proved to the satisfaction Of the iury. il
should produce an acquitta!, even in c.ses
where the whole evidence prepondcrates
against the accused.
IL 10 u presumption of law that every per
ly proved to he guilty.
III order t' lind the defendant guilty of
tue crime charged against him, Won must he
convinced by the evidence Of his yuilt he-
yond q reasonable doubt.
1t there is in the mind of any one of xon
q reasonable doubt as b. the guilt Of the Ar
euse1. ne. the defendant is entitled to the
benefit of that doubt.
A reasonable doubt is such a doubt a.
!alr'y anu naturally arises in the minti of u
juror, after fully and carefully weiphiny
and considering all the evidence which has
zee nintr"duced during the progress of u
trial. such Doubt, however, must b. ac-
tual ana substantial, not mere ,,ossibil,t =
or Speculation.
In other words, q reasonable Doubt ia
that state Of the case which after the en-
tire comparison and consideration OF all .ha
evidence, leaves the minds OF Jurors in that
cohditlon that they cannot say they feel
an abiding conviction to u moral certainty
Ut the truth of the charge.
The Court cann0t comment upop or refer
10 the testimony, You are. tie exclusive
Judges OF the facts ; they are for YOU alone.
1Ou are also the judges Of the Law. lint a.
though it il in yonr power to disregard
the instructions Of the court. still il il Your
uuty I'd take tue law OF his cave "a the
court gives it to you.
You must all agree in your verdict before
You can come into court with your verdict.
When you will have retired to vour ruo.n.
you will select one Of yonr number to ~
rs foreman, who will preside over vour de
iiberatlons. When you will have arrived Mt
u unanimous conclusion, you will return
,vour verdict either by your foreman writ. !
ing the verdict Oh the back of the iuJic,.
nent, aud signing bis name with the word
foreman" under it to indicate his capacity.
Of yon can return into court, and throu.h
your foreman report verbally what your
You may find one of the following yer.
Guilty. eThe punishmon: will be death.
Guiity without capital punishment. The
will be- imprisonment in the
Penitentiary for life. ~
Guilty Ut Ma%nslaughter. The punish.
nent will be imprisonment in the peuitea-
t.lary not exceeding twenty years, and y
ane not exceeding two thousand dollars.
Mt Guilty. Aud tho prisoner will be