The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1885-05-07

90 lIuINlay uiNNtlt was rNuttIHt w
those who heard him that he had made
4 he strongest argument aud appeal p0s.
alble IN behalf ~ his client. Mr.. Clint
was atteniiveiy listened " throughout
his speech, which he closed ~ 1880,
whom the case went ~ tha Jury. Judge
George N. Aldrtdge delivered the fol.
lowing able, comprehensive aad liberal
charge To the jury.
No, TeiI-The state Of Texas vs.. James
0EsTLKMrs oP THE JuRy,-You are
instructed as follows;
The defendant In ON trial chaged with
the offense Of murder. Murder In thus
defined; Every person with u sound
memory aud discretion who shall I'M
lawfully kill any reasonable creature In
being within this state, with malice
aforethought, either express or Inn
piled, shall be deemed guilty or murder.
Murder Is dinguishable IRON, every
senco OF the circumstances which re-
duce the ofiense to negligent homicide
or granddaughter, or which excuse or
Justify the homicide.
All murder committed by poison,
starving. torture OF with express NAL
Ice, or committed In the preparation or
In the attempt ut the perpetration or
arson, rape, robbery or burglary, Is
murder In the first degree, and all muir.
der not OF the first degree In murder OF
the second degree.
Malice means a settled purpose to Sc
riously injuro or destroy another.
Malice aiorethought means malice
previously and deliberately entertained.
Express malice Is where one with =
cool, sedate and deliberate mind, and
formed design, kills another, which
formed design Is evidenced by external
circumstances, discovering that inward
Intention, such az lying In wait, ante
cedent monaces, former grudRes and
concerted schemes to do HIM some So
rious bodily injury.
Implied malice Is malice which the
law presumes from the circumstances
surrounding killing.
Where a killing occurs without any
cause, which will In law justify, excuse
or eXtenuate the HON eide, and not UNI
der tho immediate influence of sudden
passion, arising from an adequate cause,
and where the means used To produce
death arc such an would naturally pro-
duce that result, and where the cir"um-
stances attending the killing .evince the
ordinary symptoms of wicked, de.
PRAYED spirit, regardless of human life,
and fatally bent on mischief; to such q
killing the law imputes malice, and
this, in law, is termed "implied mall
ice."
Murder committed with express NAL
ice ~ murder of the first deree, and
murder committed upon implied malice
is murder of the second degree.
Manslaughter is voluntary homicide
committed under the immediate infu-
ence of sudden passion, arising from an
adequate cause, but neither JUS flied or
excused by law.
BY the expression "under tho imme-
diate influence of sudden PASSION" Is
meant,
First-That the provocation must
arise at the time Of the commission Of
the offense, and that the passion Is not
the result of former provocation.
Second-The act must be directly
caused by the passion arising out OF the
provocation. 1t T. not enough that the
mind is merely agitated by passion aris-
ing from some other provocation, or a
provocation given by some person other
than the party killed.
Third-,rhe passion intended is either
of the emotions OF the mind, known as
anger, rage, sudden resentment, or ter
ror, rendering 1t incapapable Of cool re-
Election.
BY the expression "adequate cause" is
meant such as would commonly pro-
duce degree ofanger, rage, resentment
or terror in person OF ordinary temper
sufficient to render the mind incapable
OF cool reflection.
Insulting words or gestures, or an as
sault and battery, so slight as to
show no intention to inflict pain or in
jury, or an injury to property, unac-
companied by violence, are not ade-
quate causes.
The following are deemed adequate
causes:
Tristan assault and battery by the
deceased, causing pain or bloodshed.
Second-A serious personal conflict,
which great injury is inflicted by the
person killed, by means of weapons, or
other instruments of violence, or by
means OF CREST superiority of personal
strength, although the person guilty OF
the homicide was The aggressor, pro-
vided such aggression was not made
with intent TO bring on conflict and
for the purpose OF killing.
Homicide is permitted In necessary
defense of the person, under the cir
cumstances and subject to the rules
herein set forth. Homicide is permit
ted by law when inflicted for the pur-
pose of preventing the offense of MUIR
der, whether the homicide be commit
ted by the party about to be injured or
by some person in his behalf, when the
killing takes place under the following
circumstances:
First-It must reasonably appear by
led with the acts of the
person killed, that it was the purpose
and intent of such person to commit the
offense above named.
Second-The killing must take place
while the person killed was in the act of
committing the said offense, or after
some act done by him, showing evil
TIA ~ nit 4, off
Third-It must take place before the
offense 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 COM
hitting such murder are such as would
have been calculated to produce that re-
suit, it is to be presumed that the per-
son so using them designed to infiic
the injury.
Homicide is justifiable, also, in the
protection of the person against any
other unlawful and violent attack be-
sides that above mentioned, and in such
case all other means must be resorted
to for the prevention of the injury, and
The killing must take place while the
person killed is in the very act of max
ing such unlawful and violent attack.
fully attacked is not bound to retreat in
order to avoid the necessity of killing
his assailant.
The attack upon the person of an in
dividual, in order to justify homicide,
must be such as produced reasonable
or fear of death, or some
serious bodily injury.
If you are satisfied from the evidence,
beyond reasonable doubt, that the de-
James Hunnicutt, in Dallas
county, Texas, at any time prior to the
2lst day of June, 1884, did kill F. e.
Humphreys, in the manner and by the
charged in the Indictment
herein, and that said killing was upon
express malice of defendant, and con-
stituted murder in the first degree, as
RI AZ offan "a ia herain dafinad then Won