St. Landry democrat. (Opelousas, La.) 1878-1894, 1889-12-07

breaking and entering, fired into the house OF
shot some ono with intent to kill or murder bu
you may lawfully consider such facts for the
purpose of asccrtanlns the intent charged. l.
you find, therefore, that the accused belonged
to an unlawful organization, that subsequent
to the entry and breaking they fired into Du
plechin's house, and that thoy fred upon him
| with intent to kill or murder, or committed al
assault and battery upon any person lawfully
| atety before or after the commission of the OF
! Tense charged you may lawfully consider such
/ facts In determining the intent with which the
| entry was made, but no further.
| Having thus explained what the State must
| establish TO justify 4 conviction OF the Otfense
as specifically charged 1t Remains to state and
explain what yertctS you may render. They
! are az follows:
1st. You may lind 4 verdict OF guilty with
! ont qualification.
| If such should he your verdict the penalty
would be death.
| 81. You may find verdict Of guilty with
ont capital punishlnsnt.
II this be yOnr verdict the penalty would he
Imprisonment III the pcnitehtlary at hard labor
for life.
Sd You may tind the accused guilty of ell
tering and breaking. with intent to kill. ii
dwelling house in the night time without being
armed with dangerous weapon.
IT this be your verdict the penalty is iMpriS-
Onmrnt at hard labor not exceeding fourteen
years. The punishment cnnnot exceed this or
il may he for any lesser period than This, even
to one day. in the discretion OF the court.
4th. l0u may render Il verdict or guilty of
entering, with intent To kill. 4 dwelling Louac
iii the night time without breaking.
The penalty under this verdict would be i'm
prisonncnt al hard Labor not exceeding i've
years, and Il line not exceeding one thousand
dollars. The penalty cannot exceed tins. but
there is no limit 10 the minilnnln; that is. the
punishment may be- in the discretion OF tho
cnnrt. from one day to tive years imprisonment
at hard labor and fine OF from one dollar to
one thousand dollars.
In each ar, al Of these vrr'licrs the intent 10
Kill must be shown and the law applies equally
to those present and roEScnting IT'S explained
above.
The law prcsnurs. Gentlemen of HE ,Jury.
that all persons accused Of crimes are innocent |
until theIr guilt is aftirmatiVely shown by the
State. No accused person is bound /" prove his |
innocence, the State must show his guilt.
Hence i'll pursuance OF this human principle |
of law it is also incumbent upon the State 10 |
make out his case beyond a reasonable doubt |
ami this doubt must he applied to every con,
Stltucnt element OF the crime charged as above |
explained.
The accused is entitled to the benefit OF all |
reasonable doubts. Hence If you should have q
doubt that the accused entered with
the intent TO kill, or that there was a breaking,
Or that it was dwelling house, or that the en-. |
try was Ill the night time or that there was any
person lawfully III the house or that the acclls. |
Pd were armed with dangerous weapons YOU
should not convict of the 0tfense as charged,
that IS TO say III manner and form as charged in
he bill of indictment.
10 convict under No ) OF the foregoing cls.-
'lnc4tlon OF Verdcts you should he satisfied be.
Eond reasonable doubt that the accused en-
| .
ne mouse was dwelling house, that the entry
VAS i'll the night time without being armed
Elth dangerous weapon. II there be reason
lbie doubt III any OF these respects the accused
$ entitled to the benefit Of that doubt ana Won
hOuld actuit.
The Same rule applies 10 No. Of the rurepo-
ng classification OF ycrlicts.
Lastly II under the evidence you are OF on,,,
Oh that the State has failed to establish beyond
reasonable doubt the guilt OF the accused so
s to warrant Il verdict of guilty in any ono of
lie cases ABOVE stated il will he To |
cunit ~
1t remains, Gentlemen Of the Jury only tn /
ny that you are the exclusive Judges of the q
vlience, you must determine for Yourselves !
mat facts are established. 1t is for Won III !.
econcilc the testimony, if it he conflicting. and
1t cannot be recOnciled it is for you, ard Won
lone, to determine whom you will believe.
he court has no authority to say what il or ia Y
OF proved the facts of the ease must be deci- +
Ell ny You. not the court. O
You are Gentlemen Of the jury, also iudpea o
Ine law, you have the power and the legal C
ent to decide for yourselves what is the law
the case, hut charge YOU that it would he ,
unsafe and unWiso exercise Of mower on II
our part The duty of giving Won the law ia II
NY imposed upon the court and Won shOuld
Ko the law from the court Notwithstanding
,ur right under the law to disregard its ol
large. "
This comprehendS ali the matters and things -
'on winch 1t is necessary to charge YOU i'll this =
Sc, ana you are now requested to Withdraw
the chamber of your deliberations to de- | d
'erate upon your verdict. You will appoint
ur own foreman and when you shall have
ached conclusion notify the court and if
IL De prepared to receive your verdict.