The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-05-11

Murder committed With implied malice,
w murder IN the second degree,
Mnnalauphterl Is voluntary homicide, com.
United undor the Immediate Influence NJ
sudden passion arising from an adequate
cause, but neither Justified or excused by
law.
IIy the expression "under the immediate
influence Of sudden passion" is meant
First--'llat the pr0yoCation must arise at
the time VI the commission OF the Ollcnse,
and that The passion is not the result Of a
| former prOyOCation,
sccOnd-The act must be directly caused
| by the passion arising out of the provoca-
| ton. IL Is not enough that the mind Is
merely agitated 10y passion arising from
some other prov0cation, or n proyocation
given by some person other than the party
| killed.
| Third--The passion intended Is either OF
the emotions of the mind, known as anger
rage, sudden resentment or terror, render
| ing it incapable of cool reflection.
BY the expression adequate cause" is
meant such as would commonly produce q
degree of anger rage, resentment or terror
in Il person OF ordinary temper sufficient To
render the mind incapable of cool reflec'
ton.
insulting words or gestures toward as
sailant, or an assault aud battery, so slight
as to show no intention to iutlict pain OF
injury, or an injury to property unacom-
panied by violence, are not adequate
| causes.
In order to reduce u voluntary homicide
to the grade of manslaughter, it is neces
sary not only that adequate cause existed
to produce the anger, rage, sudden resent
ment, or terror above referred to, but also
that such state Of mind did actually exist
at the time of the commission OF the Of
| tense.
The defense relied upon by the defendant
in this case, is that of self-defense.
| Upon the law of this defense you are IN
structed as follows:
Homicide is permitted in the necessary
! defense of ones person, under the circum-
stances and subject to the rules herein set
forth.
Homicide is permitted by law when in
llicted for the purpose OF preventing, the
otfense of murder, whether the homicide
be committed by the party about to be
| injured or by some person In his behalf,
wnen the killing takes place under the fol-
lowing circumstances:
First-It must reasonably appear by the
| acts or by words coupled with the acts OF
the person killed thai it was the purpose
and intent Of such person to commit the
| OtlenSe above named.
Second-The killing must take place
while the person killed was in the act OF
committing the otlense of murder, or after
some act done by him showing evidently
an intent to commit such otfense.
| 1t must take place before such ofiense
committed by the party killed is actually
| completed
When the homicide takes place to pre-
vent murder, if the weapons or means used
by the party attempting, or committing
such murder are such as would have been
calculated to produced that result, it is to
be presumed that the person so using them
designed to intlct the injury.
Homicide is lust.iable also in the protec-
ton Of the persna or property against any
other unlawful and violent attack besides
those above mentioned, and i'll such cases
all other means must be resorted to for the
prevention of an injury, and the killing
must take place while The person killed is
in the very act of making the unlawful and
violent attack.
The party whose person or property is so
la wfuily attacked is not bound to retreat
order to avoid the necessity Of killing his
assailant.
The attack upon the person Of an indi-
vidual, in order 10 justify homicide, must
be such as produces u reasonable eSpecta-
ton or fear of death, or some serious bodily
injury.
Ii defendant invited ]. ". Thurmond into
the room north Of the county courtroom
and subsequently, left sand room and took
his seat inside Of the bar of the county
courtroom, then you are instructed that
if in so inviting said Thurmond into
said room he did it for the purpose
of provoking q difficulty with said
rhurmond in which he might have an OPP
pOrtunity then and there of killing him, or
Of inhicting upon his person serious injury,
and if in leaving SAID room and taking his
seat in the bar of the county court room he
was feigning an abandonment of such diff
v mr. xuns
OF said rLurmond, or an advantage under
the law, intending to draw him on and kill
him or inAict serious bodily injury upon
him. and if by so doing defendant produced
the necessity for him to kill said Thur
mond the killing under such circumstan-
ces would not be in self defense.
In reference TO the term "fOr the
purpose OF provoking u difficulty" you are
instructed that if said invitation was ex-
tended by defendant to SAID Thurmun1
simply for the purpose of warning him,
this would not be provoking difficulty"
unless defendant intended that such warn
ing should then and there bring about said
ii said interview Sas sought by
he intending simply to give
such warming, and that this should be
the end of the controversy, then this |
would not be provoking a difficulty"
If defendant did nos provoke the difficulty
which resulted ia the death Off. M. Thur |
mOnd, and If at TIE time defendant fired
The fatal shot said Thurmond was making
an attack upon defendant, which produced
in the mind of defendant a reasonable ex- |
or fear of death or some serious
bodily injury, then such killing would be
IN self defense.
II defendant did invite ]. NJ. Thurmond |
INTO said room north of the county court |
room for the purpose Of provoking |
difficulty with him in which he 1
might have an opportunity to then and
there kill him, or infiict upon him serious |
bodily injury, and II afterwards defendant
eft said room aud said Thurmond, and
went inside Of the bar of the county court
room and took a seat, and If In 50 leaving
,aid Thurmond and taking said seat, de.
in good faith, abandoned said
original intent to bring about such difficult
Y, and If after defendant hadso abandoned
,aid original int 1, said ThuTmond made an
.tiack upon him which produced in de-
endant's mind reasonable expectation or
ear Of death, or some serious bodily injury, |
md If while said Thurnond was so making
aid attack defendant killed him, this
would be killing In self-defense.
The punishment for murder in the first
iegree Is death or confinement In the pen
tti tiary for life.
fhe PUNISHMENT for murder In the sec
md degree is confinement in the peniten-
larry j. term Of years not less than five
The punishment for mauslaughter Is con
inement IN the Teniicn inTy iur term u
ears not lees than two nor more than five.
if yon an saa-ue IRON the evidence be-
FOND q reasonable doubt that tue defend
.ui ~ 10y time piOr - tie 18th day Of
March, A. ID. rs, iu Dallas c0aniy, Texas.
"a ail D. NJ. Tflrmund in The manner
nd b. means char 81 - the Indictment
b. roiu. aud u d.,i ulalt 20 killed said
win ~ res maiice, aud not 10
t4i-d. TENSE. uultf suc1 circumstances az
r1uid asusfituir murler in the frat de-
.nu viii Ind him guilty q murder 10 the
.f.f degree and L-se-s bis pm shmsnt at
leah o. c1niiBeuens N tlis STATE peniien
ilrY Tor lie.