Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1883-04-26
JUDGE oREER's CHARGE.

At the conclusion OF the argument Judge Greer
charged the jury. After defsins the different
grades of murder and homicide and the punish
ment fixed for each by the law, he said: No mere
words, how oppTobrious soeyer they may be Will
Isl 800 vbe-a he docs not hing on The -
tack through his own fault. The law OF self
defense is thus defined by our Supreme Court 10
excuse homicide the danger OF death or great
bodily hahn must either be real or honestly be-
lieved to be SO at the time, and upon SUFFICIENT
grounds. 1t must be apparent and imminent.
Previous tkrests and even acts of hostility, how
violent soever. will not OF themselves excuse he
Shaving though they NAV lower the grade of the
offsnse, but there must some worcs or overt act
THAT is some open, manifest, perceivaple acU
clearly indicative of a present purpose to do the
overt act on the part OF the deceased
towards the defendants and what would and
would not be such overt act is matter for you 10
decide from all the circumstances and facts shown
in the proof Past threats or hostile sections can
only be looked to in connection with present
demonstrations grounds of apprehension on
the part of the person doing the killing; To con
stilute this defeuse the belief or apprehension of
danger must be founded on su1nelent elrsum-
sIsnces to authorize the opinion that the deadly
purpose then exits and the fear that 1t will at
that time be executed. The luminosity of the de-
ceased against the derendauts as indicated by
words and actions then and before, is q proper
matter for the consideration Of the jury on the
sufficient cause does exist for reason
able apprehension; but if the killing is
to inspire or the fesr is feigned pretended, the
defense will not be available. So a case must not
only show reasonable lear OF death or great bOuly
harm, but 1t must show that such fear was really
entertained and the killing done under the hon
est and wellfounded belief that 1t was absolutely
necessary 10 kill the deceased at the time, to save
himself from ike injury or from great bodily
harm; and this right of defending ones person
where it was not the defendants fault that the at
tack was brought about continues So long as the
proof shows The danger was present and immedi-
ate, and longer. If this real or apparent neces-
sty for taxing lie is brought about by the fault,
design or contrivance of the defendants then they
cannot avail themselves OF this defense.
Therefore, If you believe from the evidence
that Winberg and one OF the defendants had 9
| ficulty, and afterWard the defendants armed
| TO renew this d. ffculty. acd did renew IL, and
Ninberg then by force dives them from bis house
and pursues them su iciently far 20 prevent their
attacking him, ana he Is then killed by the de-
PENDANTS, they would not be excused, and could
not, uDder the.e circumstances, claim sefdefense
and in this connection the Court charges you that
while the law requires. In order TO 6ud both of
| the defendants guilty, that the evidence should
| Prove beyond a reasonable doubt thst both acted
in concert in the commission of the crime charged
still il is not necessary that II sho did be positively
| proven that they met together ana agreed
1 10 commit the crime. Such concert may be proven
i by circumstances, and Il the jury arc satisfied
/ from the evidence, beyond q reasonable doubt,
that the actual shooting was done BY one of the
defendants, and they both Gcted together in the
commission OF the crime, each aiding in his own
way this is all that the law requires, in connec-
\ ton with what has heretofore been read to you,
/ tigatiOn with the presumption thAt the defend
ants are guilty of any crime, and the presump-
/ ton stands as q witness for them until the cor
i trary is shown. By a reasonable doubt is not
meant that which may of possibility arise, but IL
| is that doubt engendered by an Investigation of
the whole proof, and an inability after Guch in
1 yestigation to letthe mind rest easily upon the
certainty of guilt or innocence II must arise vol