The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1883-07-26

attempting to perpetrate burglary in the DIV elIIng
house of the deceased, Anderson Lackey and contains
complete charge against the defendant crime
of murder in the first degree.
1t becomes necessary for you, therefore, to UNDER
stand what is meant by the term Robbery and Burgla-
The GS1Sth Section of the Revised Statutes de-
clares what shall constitute the crime robbery as
follows:
fSS @ Whoe,Eer BY force and violence, by
another anything of value, is guilty OF robbery"
Section 65 of the Statutes declares what shall con-
stitute the crime of burglary, as follows:
ly and forciby breaks and enters any dwelling house
go with intent to commit felony or with intent
the penftentiary,'' &c: "' 'n''' 'e fi'o"eo III
Here these two sections fully explained to the
jury.l
to be established by the evidence to the degree of
tainty will hereafter explain, before verdict of
guilty can be rightfully returned, are:
First-That Anderson Lachey named in the indict-
ment, is dead
Second-That he was killed by A pistol-shot wound
at the hands of another
Third-That such shooting took place within the
body of this jackson County, and that it
about the 2Sth day of April 1885, time
of the essence of the crme 1t is on what
day the deed perpetrated, only that it must ap-
from the evidence that it took place prior the
9Th day of June, 1888, the day the indictment
found by the Grand Jury.
| Fourth-That the shooting was done by Iuke JONES'
or of the other persons named in the Indictment
while he was aiding, abetting, assisting in the
commission, the attempt to commit the robbery
| burglary named in the indi ctment, both.
Fifth-That such shooting was unlawfully, purpose
y and malciously done, with the intent take the
life of Anderson Lackey.-
To these charges contained in the two several
counts of the Indictment, the defendant his plea
says he is Mot Guilty.. The effect of this plea,
law is to cast upon State burthen of proving
each and all of the material averment of the indict
ment and elements or ingredients necessary to
stiute the crime charged to that degree certainty
that satisfies minds beyond reasonable doubt,
reasonable doubt means what the words them
selves import and imply. Such doubt as an honest
intelligent jury entertains after full consideration
and weighing of all the evidence in the with an
eye single to the ascertainment of the truth. Not
doubt raised out of sympathy pity for the prisoner
created by desire to prevent him from suffering the
penalty of the law sought out for excuse for
acGuittal, But it is such doubt calm, COOL hon.
est reassuring entertain after having carefully
examined all the evidence, facts and circumstances,
utterly unswerved to the hand the other by i'll
will, hatred, sympathy revenge other human pas
sion Malice and intent being necessary ingredients
ofthe crime charged in each OF the indictments 1t is
necessary for You to understand what they mean in
contemplation of law.
Malice is the dictate malignant heart 1t is not
necessary that the malignity should be confined a
particular i'll will toward the person injured. 1t is
evidenced by an act which springs from wicked and
corrupt motive attended by circumstances indicating
heart regardless of social duty and fatally bent
mischief,
In common parlance malice is associated with
the passions of anger hatred revenge. But legal
malice may exist without the of either of
these passions.
For illustration, the highwayman robber who
Stays the traveller other victim of whom he knows
nothing not out of revenge, hatred i'll will but
merely to obtain his money, is guilty of deed in
temptation of law as in the highest degree malicious.
Intent means simply purpose formed and well fix
ed In tha mind, to accomplish the ouject perform
the act or deed undertaken.
To determine these questions of fact, of
will have to consider and carefully weigh all the
dence offered in the case.
You the sole judges of the weight be given to
to the evidence you have heard and of the credit
be given to the statements of the witnesses who have
given testimony in the case and you by are made
the exclusive judges of the facts established If
by such evidence. Yet you required to observe
certain rules and principles established by the
law Of evidence to enable to ascertain what facts
proven that material to the issue of the
+*+ Then If from full consideration of all the evil
dence You are satisfied beyond a reasonable doubt
that Luke Jones maliciously shot Anderson Lackey.
while he. Jones' was attempting to perpetrate rob
berry, burglary, with intent to kill and murder
charged in the indictment, aided and abetted In
such killing by another Others your verdict will
| be guilty.
Each count of the Indictment contains a charge of
murder in the first degree. murder in the second de-
gree and manslaughter. lHere the Court explained
the kind of verdict to be returned, accord
ing to the finding of facts iu considering the evil
dence.l
The defendant claims that evidence has been intro
duced tending to prove aLibI in other words,
| that he was neither present nor aiding in the COM
mission of the oense He is not required by the rules
law prove such abb your satisfaction beyond
reasonable doubt; it is sufficiently established If
proven by prcpOndcranee of the testimony, and If
there is such preponderance taking must, into
consideration all the evidence facts and circumsta-
touching and rejecting upon aLibi, offered and
proven the trial before you, whether offered and
proven by the defendant the State then the defense
is made and the defendant cannot be lawfully
vcted; and though not entirely satisfied
that such al6i has been made out by preponderarce
of testimony STILL If by of the evidence offered
in support of it, you should entertain reasonable
doubt as to the defendants guilt, should acqut-
although You may not be able to find that the GH6t
was fully proven,
If you shall find from the evidence that there was
but of the persons named in the indictment did
the shooting that caused the death of Anderson Lack
and that such Shooting was maciously done, with
the intent to KILL must be satisfied from the evil
dence beyond reasonable doubt, that the defendant
Luke Jones' did the shooting or that he was present
aiding abetting and assisting by act word or deed
the who actually did such shooting before you
can find him guilty charged in either count OF the
indictment.
And if you find from the evidence, beyond reason
able doubt, that Anderson Lackey, named in the in
dictm"nt unlawfully, maicieusly and intintion-
ally killed, and the killing the joint act of the de-
fendant and another others named in the ndfct-
ment then before you find the defendant guilty
charged you must further find, that such killing
place while he and such other persons
were engaged in attempting to perpetrate rob
| berry or burglary.
And gentlemen of the jury you instructed that,
ii You fnd from the evidence, beyond reasonable
doubt that the defendant, Luke JONES' entered into
conspiracy with the others named in the indictment
to commit lie crime of robbery on the person OF An
derson Lackey, perpetrate burglary in his dwell
! shOnSp ch:rr
further appears from the evidence that the accom-
plishment of the robbery or burglary, or both d;d
require the of force and violence and
which would be likely under the circumstances, to
result the liking life unlawfully then, each and
all the parties such agreement conspiracy
are equally liable whatever either any of his
CO. conspirators did, in furiherance of the common
design.
Then gentlemen what say you in the light of all the
evidences is the defendant guilty or not guilty?
You can take the and mind during your
that the life of the prisoner is far in
your hands, that it depends entirely the verdict
you may return. Yours is one of the most response
BILE positions, that man can occupy.
You have each with uplifted hand in the presence
of both God and man, taken a solemn oath, that you
will well and truly try this and true deliver
between the State of Ohio and the prisoner
II tn Bar, Luke Jones.
You are cautioned, then, gentlemen of the jury. |
governed by prejudice. by public clamor or
the opinion persons brt yourselves, but decide
the guilt innocence OF Luke Jones' like upright and
honest men, upon the facts and circumst tance from
the evidence find them to exist, and the law of
given now in charge. In this way alone
Y you perform your duty as jurors.
The case is of all Importance the prisoner
.tnd Importance to the State. Death must follow
conviction found guilty charged in the indct-
and if the prisoner is really innocent to subject