Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-11-04
INSANITY.
HOW FAR 1T CONSTITUTES 4 DE.
TENSE FOR MURDER.
Judge Prickett Defines the Law on the
Subject--lnsanity Must be Fully
Proved by the Defense...A Verdict OF
Murder in the Second Degree.


Muraer in the Second Degree.
In charging the jury in the Chiato-
witch case, yesterday, the defendant
IN which was on trial for the killing
Of his partner in Bellevue, last July,
Judge Pickett delivered lengthy
charge to the jury. He said:
GENTLEMEN OF THE JuRY:-The
prisoner at the bar. Pietro Chiatoyich.
is charged by the indictment in this
case with having committed the
crime Of murder, alleged to have
been committed in this county and
Territory on the 23l day ofJulv last.
in the unlawful. deliberate and pre-
meditatel killing Of one Miucle Lu-
cich, with malice aforethought, bv
the means and through the agency
OF pistol loaded with gunpowder
and leader. bullets. To this Indie.
ment the prisoner has inter posed the
plea that he is not guilty Of the Of
tense charged in the Indictment, and
the law casts upon you the importan.
and responsible duty Of deteiminin :
by your verdict, whether or not the
defendant is guilty Of felonons
homicide in eithe: OF the degrees
named in our statutes.
Murder is the unlawful killing of
a human being with malice afora-
thought either expressed or implied.
Such unlawful killing may be effected
10y any OF the various means by which
death may be occasionel.
Express malice is that deliberate
intention to tax away the life of a
human creature which is manifested
~ external GIRO I'm ttnces capable
Of proof; and malice should be i'm
plie,l when all the circumstances of
the killing show III abandoned ana
mali -nant heart.
It is provided by our statute that
all murder which Shall be perpetrateel
BY means of poison, or Wing in wait.
torture by any other kind Of will
tnl, deliberate or premeditatei kill
ing, or which shall be committed in
the preparation or attempt to per-
petfate any arson. rape, robbery or
burglary, shall lie deemed murder in
the first degree: and all other kind
of murder shall be deemed murder in
the second degree.
ManslAughter is the unlawful kin
ING Of human being without malice
expressed or implied and without
any mlxtHrc OF dciiberaton, and to
constitute manslaGghter such killing
must he voluntary upon q Sudden
aeat ct passion caused by q proyoca-
ton apparently sufficient 10 make
the passion Irresistible. or involun
tary in the commission OF an unlaw-
ful act, or a lawful act without due
caution or circumspecLion; and to
constitute voluntary manslaughteri Il
must appear that there Was serious
and highly provoking injury inflicted
upon the person killing sufficient to
excite an irresistible passion in il
reasonable person, or an attempt by
the person killed to commit serious
personal injury upon the person kill
M; and such killing, to makelt vol
antary manslau9hter must be the re-
suit OF that sudden impulse of pas
sion supposed to be IL esistihle but
II the evidence shows beyond a
reasonable doubt, that there was an
interval between the assault or provo
cation given, and the killing. sufii
eleat for the voice OF humanity to be
heard, the killing should be attrib
ntel 70 deliberate revenge, and the
.person killing would be guilty, and
should he convicted Of murder
Al. Of the presumptions of law, in
ael enlent Of evidence, are in favor
Of innocence and every person is pre-
sumed to be innocent OF crime until
he is proven to be guilty, but ifit be
proven that the accused did the kill
ing rs charged il the indict
ment, the burden Of proving facts
and circumstances Of mitigation. o.
chat justify or excuse the homicide.
Of that show that the party who com
mitted the homicide WAS not legally
responsible for the killing. devolyc9
upon him, unless the proof on the
part Of the prosecution sufficiently
manif,sts that the crime only
amounts to manslanehter, or that
the accused was justified or excused
fer committing the homicide. or was
not legally responsible for the kill.
ing
On behalf Of the prisoner it is in
sisted that he should be acquitted
Tor the reasons, as alleged, that he is
not legally, morally or otherwise re-
, spousihle for the killing of the de
ceased, ii he did Kill him: that he
WAS unconscious Al the lime OF
the alleged shooting; that he was in.
sane when the laortal injury was in.
fic tlat he was n such sta c
I'll mini that he was incapable OF
!