Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1888-05-17

commit felony, lift is necessary to pre-
vent the crime being committed.
To illustrate, If person willfully at
tempts to burn your house and it is
necessary, you may use a deadly weapon
and even take his life to prevent it.
So if person wilfully attempts to
burn u stack of grain and destroy it, the
owner or anyone in his behalf, may use
a deadly weapon. or, il necessary, take
life to prevent it, because these ofFenscs
are of that higher grade which are fclo.
"i's and may be punished hy iinprisou-
ment in the territorial pris n.
The cutting Of fence however, IS
not of that high grade of ofFense which
will justify one person in using deadly
weapon toprevent. 1t is of tha. grade
of otrenses that are denominated misde
meanors; they are not punishable by
imprisonment in the territorial prison.
The reason on this distinction is this !:
The life Of every individual is within
the keeping OF the government and can
not be taken away by authority of law
aud the law does not authorize private
person to take the life Of another for
light aud trivial causes, nor a. all, ex-
cept IN cases Of necessity to prevent
great loss of property or loss of life.
4,h. II, therefore, you find from the
evidence that the defendant committed
an assault upon Peter Hagen, as alleged
in the indictment. with II deadly weapon.
aud that he did so simply to prevent the
taking down fence, you ought to find
him guilty AS charged iu the Indictment.
9th. | do not desire you to under
staud, gentlemen of the jury, that a per.
>"n may no. use some force to prevent
tr">p.ss upon his property. He may US,
force appropriate to the injury attempted,
bat the law docs not Justify him in usin
a deadly weapon or IN taking liz II
proven, the i"jnry.
F.! 9th, Something has been said to sou
about the intent with which q dcndl,
weapon may be used, ! instruct you that
the intent with which a deadly weapon
) is used in preventing simple trcspass j.
no defense under our law.
} To prevent injuries OF that kind th,
law will not justify the use of deadly
weapon no matter what the intent Of tn,
person using it.
7th. instruct you, as matter 0
t law, that ii person draws a revolver o
ize an instrument in threatening man
ner and says to another that he wi
{: strike or shoot him If he do or abstai
n from doing certain thing, and bein
!, within shooting or striking distance
/ stands ready to strike or shoot if tn
i party does or does not do certai
e thing, and from his appearance and word
I, a reasonable person would be in fear ths
he would do az he has threatened, b
g commits an assault. The mere fact ths
) he qualities his threats with an if or
i condition which is calculated or intenie
n to control the liberty and actions Of th
party TO whom the threats we're mad
It does not divest the actions and words
l. the one threatening Of their Grimm
n character. The assault is as compile
IS with the qualifications as without then
y To considering this case you will Il,
Is the defendant the benefit of any rcaso
able doub aud the Law ptesu,nes hi
'e innocent until he is proven guilty. |
a reasonable doubt we do not mean
&c foolish bubble or a factions obiectious b
/" we mean such an uncertainty in t
he mind Of juror, as would cause reaso
c' ably person to hesitate as to what
'ge ought to do 10 the most important
liz fairs ot life.