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

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GENTLEMEN OF THE JURY:
5 Before proceeding to charge YOU upon Ii
g Jaw OF this case it is proper that should ga
( sonethug, in general way, as to your dutie
} You are administrators OF the law. whic
einnoaies all the essentials Of what is calle
} Justice, and, in enforcing the law strictly an
lnnartially, you will thereby do what is JUS
TO enable yon to discharge the duties incnu
uenl upon you as such administrators yo
SHOULD n!scard from your minds all prejudice
VI any KIND, either for against the accused
gu nave sworn to we'll and truly try and trll
uehVerance make between the State and til
licensed. You cannot well and truly do so
you nhey the impulses and passions born Q
hatred or malice, of fear. favor. affection or tn
nope or reward. or born of any distinction OF
account OF race color or previous condition
IL WOULD De Shameless peTversion OF law ant
luslce 10 either acquit or condemn any on
because or any such considerations. The lay
RECOGNIZES no distinction i'll the protection i
throws around our rights of person and pro
perry and no jury can rightfnlly permit an,
such distinctions TO influence them in rcachin;
any verdict they may render.
DISMISS, Therefore, gentler1cn. from you
mlh1s al such eAtraneons L;!liuenccs. iIces
Tue law and enforce only w the law sane
nous. There can be neither ). 4ty, peace no.
5000 order to society by any other conrsc. No
to enforce it freely fully and iinuartially is IL
encourage revolution and render the rights o.
person ana property so insecure as to disrup'
uLAp ititkuto ITS iAeiIlInES 10 u STATE
barbarism where might would be right and
passion reign supreme
proseed now to charge you rs 10 tho Jaw oil
| this case.
The defendants, 81 ployene Aechr au.. La-1ie
| smith, arc Indicted nnder Section $50 OF The
REVISED Statutes Of 1870, which is as follows:
! Whoever, with the intent to Kill, rob, steal.
toinIt 4 rape, or any other crime. shall, i'll the
! night time. break or enter. or having, with
such intent, entered in the night time break q
! dwelling house, any person being lawfully
! therein, ana such Offender bpjDp OF n. ma NJ
! such breaking or entering, armed with Il dan
gciohs weapon, or arning himself in such house
! WIN q dangerous weapon, or committing an
assault upon any person lawfully being in such
mouse; any pcrsen present siding, assisting or
conserving III such burglary, or accessory there
to before the fact by cnllnseling, hiring or prO
curing such burglary to be conmittr,l on cen
Qlctlon shall suffer the punishment OF DEATH
Under this provlsion OF law the charge pre-
lerfeo Ill thc Dllt OF Indictment against the
| cnsed is that they
did ieloniously and bur@lariousy. with the
intent to XIII, III the night tims enter and break
the dwelling house of Jean Bantiste Duplrchn.
he, the said Jean Baptistc Dnplechin and his
family, being lawfully therein the said ac-
eused 'helng, at the time OF such breaking and
entering, armed with dangerous weapons
The chlef ingredients of the crime Tins
charged arc:
LIST, An entry
Cd. breaking.
3u. That the entering and breaking wss in a
dwelling house.
!th That That it was done in thqnisht time.
Aat soIuc person Wa2, AT the time OF
such entry and breaking. lawfully in such
house.
9Th. That the accused were at said time
arned with dangerous weapon, and
tn. That such entry and breaking WAS made
with the intept to kill.
To convict the accused OF the crime charged
the State must therefore show:
lat. That the defendants did enter and break. !
Both the entry and the breaking must be
proven.
with respect to breaking it is agreed" says /
vi i Mt
mouse, in the nature OF mere trespass, which |
WIZ be sufficient to prove burglary. Thus, he ,
says; N man enter into house by q door or
which was made there before, and steal goods,
or draw goods out OF n house through such
door, window or hole he will not be guilty of
burglary. There must either be an actual
breaking of some part of the house, III effect
ing which more or less of actual force is EN- |
poyed; or a breaking by construction of law
where an entrance is obtained by threats, fraud
or conspiracy. An actual breaking of a house
may be by making hole in the wall, by forcing
open tne door, by putting back. picking or
opening the lock with false key, by breaking
ne window, by taking pane of glass out of
the window either by taking the nails or other
Iastehlns, or by drawing or bending them back,
or bV putting back the leaf OF Il window with
IN instrument. And even the diuping or lift
Hg up the latch when the door is not otherwise
astener, the turning tho key where the door is
ocAeu on the outside, or the unlOOsening any
'tner Fastening which the or,,cI has provided, J
sill amount TO a breaking /
lhese are Illustrations given by that author Y
" actual breaking, and they equally Apply
whether the breaking precedes the entry or the
ntry preccdes the breaking
lo enter house by an open window and
lavlng thus entered to open a closed door Dy
l1tlns latch, drawing 4 bolt or unlocking n
look provided by the owner to fasten slIch 4
COR, elther TO go Ito another room or to go |
ut or to let confederates in is an actual break. =
ng under the law. l
The law makes no distinction between break e
lg ana entering and entering and then break u
10 10 h,,,.,
ls particular feature of the crime is concern | Z
4: I1e charge in this case is .rltat the accused S
ais fact as charged. IL
In regard to constructive b, liking il is onlyH g
ccessary 10 say, thatwhclr the owner. or
w WIZ OCCUPANT OF. j. dwell house, is in :,
open door previously closed and a burglar II
lnereby enabled to make an entry in such r,
'1se this is breaking by construction of law
I'd In law is equivalent to an actual bresking~ 1ct
Sd. The State must further show that the ac, ~
lsed entered and broke q dwelling house. "a - q
Ssiilng house ls snrh as human beings occupy II
't an ont house or ether building not so useds e
I'd occupied. ~, - 10
sth 1t must also show that sltoh entry and pl
eaklng was done in thenight time $50 = =.
TN. There must be some person, lawfully in
~ mouse at the time Of such entry and I'll
rms Is also an essential ingredient of the ~ ~
me, and if it be not SO occupied the offence, s;l
charged under the lawn the section 0uoted' tn
NOT committed. al,
~. Ihat the accused were ut the time OF -
IN entry or breaking, armed with q danger to
weapon, rms is also one Of the essential mr.
ments OF the crime charged and unless this =,
. Is established by the State you should not III
ivic e. IN manner and form as cliarged. As to
az is dangerous weapon the law desenafes ,o,
tols, bowieknivcs dirks &C., as dangerous ie'
apons. AS to whether the accused were
hed with such weapons or other dangerous
apons ls for you to determine, and must be
III; tlnaily it must be Shown that the ac.
e g entered and broke with intent to Kill.
SIM, intent must eoexist with the entering and I
aKlng, that is to say, the accused must he Eo,
we'd to have had this intent al tie t,nn ~ wo
entry and breaking, and your inquiry must chi
connned to that intent in ascertaipine The wn,
70 OF innocence of the accused in so far M ma
ned. .i''no 'Nai so''' ~ con- 9ug
on Will observe thatzthe law publishes those viii
preah and enter or enter and break with Gro
a ~. 10 rop steal commit rape or any other Sea
40 as Esll as those who intend to kill. hnt or +
intent TO commit these crimes is as distinct sem
dlHerent from the intent to kill as rObbery Obi
eny ana rape are distinct and different from MAJ
,ider is the intent to kill - aIso
9u cannot legally convict the accused under efie
Indictment for entering and breaking with rivo
r or;ne ~ th ~ a W commit rape or any slip
= o - ~, len tue one charged, to wit the no
RI raorard n +his ;,4..4. ever
I'll other cases, from the facts and circlm
ee e slIToundlng the case. and not merely
tns declarations of either the accllse1 nr -
r Witnesses W =
Lent belng secret OF the human heart
y admits OF positive proof and, when OF a
inal character, is generally and almost mi; i
ally beyond the reach of direct evidence III,
general rule it can only be deduced from
lacts surrounding the commission of the
Sc. - 'iio
9 jury are the exclusive Judges OF tl,a in. u,
from Tile circumstances Man nra er.,o,,s