, 1889-07-04


! hirh of lh"m or one of them, Then, ,,,,d ~,
! mat event II the evidence t,st,bn.r,,in.,
'"c'. me hounCldr w,uld to- cut dnvu 1,
| oh' az the lesser degrees and vouIu a., I.
! murder III thr hr>t d"grrr; Tor iu rh,,,y..t
| """' hNlnr' 20" pt"sumpJluO Ut tue .I,w
| WON" pt Overcome" aud the actuiu intent
~ me party would he established u, the
| evidence IN the case,
H. III addition To- the facts alln,.l to N
we last instruction, Nuu tutturr find h,
'dt'S 10 ue SUBSTANTIALLY as indlratrd
'hti'in and Ia addition thrfrin tn. II, tend.
"ht va. st upun aud assaulted t., iu,. d-.
! t'"Heu lhihtr at the time III qu-Stiuu. ar
'h"i tue u,Crasrd Parker niirmutrd IL,
conimlt an assault upon the u,ten liant w,,h
"ue"hlE "e'p"n, he having at th~ t,u"
W." present aOll,iy to commit tue a., ,uit.
ana 'hhl tue dt tirndant tearing sad P,rk-
tr ahd fratiug that hr would cuu,uut II
htadiy assault upon him, and whhl" STUART.
lng under 'uch feelings and Whlr his
hVod was hot tit such were the Iauis) l''
r"u qu,rhly IT, hts huuse. procured tue Tt
/ Voiver. Ca,nr bac. 10 where th" deceased
was, and before sufficient time had rlup,rd
| Tor his blouu to cool lie r,n"w-d tue ahrr-
cation and immediately fired upon he de-
rrhstd-not Intending To IDlIiCt II mortal
wound upon b,m-and tEat all OF thi, was
done in hot blood aud without pr!or d..
| duration or premedita'ion and tree fr"m
malice ana That the wounds from wblch'
| Parker dird we're inflicted uudrf.
| Those circumstances, then and 10
tnat "ase the crime would b.
reduced to man slaughter and he
would be guilty In that degree. All the
| evidence heard on this subject from the
witnesses should be considered by >on. To.
gether with all the surrounding ciIcum.
| stances OF the case.
II you fpd from the evidence that the
| deiendent flct, d the wound upon he
person ot Parker ~ charged IN IN" ln'
| dict,neDt. and VI such wound 80 |, tlct-d
10y the defendant Caused or contilOu -d Ia
the death OF laid Parker, the urirndan,
cannot Ue excused hrcause other causes
may have also contributed TO his death.
II death ensues trom u ~uund gwen In
malice, not in Its nature mortal, hut
FROM which, being neglected or mlsninn
mgrd. the person uies. thus will not tX;ur
the prisoner who gave IL, but ho wi be
h"lu gulity ot murder un tss he can make
1t clearly and certainly appear that the
Waltreatment of the wound or the de-
ceased sCwn misconduct and not the wound
itsrlt was the sole cause of his death
But If IL Is clearly made 10 appear Jnat
the maltrcatment of the wound Ut the mls'
conduct ut the deceased was the sole cause
OF his death. then and 10 that case the de-
fendant must be acquitted.
INToXlCArIoN.
Ordinarily Intoxicatiou is no excuse for
crime. IL sometimes aggravates it; bnt II
| you iiud from the evidence in this case
that the defendant was intoxicated to surh
| degree that he was cTazed 10y the lDlu
ence OF intoxicating drink 80 that MS
| Al ...N tVgsU Int .tt
sauity at the tame the oifense was COM
miited, then and IN such a case you viii
Oe justified in considering that fact, it II
be IL fact, in cutting Down the crime to one
| OF the lesser grades OF murder.
The loss OF intellect from the imprudent
use OF intoxicating liquor may be consld.
cred 10y the jury upon the question as to
whether the defendant had at the time OF
the atfray the purpose with deliberate and
preme!itated design to take the life of he
| deceased.
1t Ia necessary for the territory to prove
beyond reasonable doubt not only that d
crime has been committed, but the degree
| OF crime; whether murder or crime o.
less degree and the partieuer del rec e
which 1t belongs. The fact, IL 1t be a fact
that the defendant fired shot from which
the deceased received his wound; and thu
| fact, il it be fact, that death resuiteI
therefrom, does not of itself. standins
alone, raise an implication that thu
shooting was criminal or that the defend
ant Is guilty in any degree whatever; ant
you cannot imply any crime against th'
defendant from the mere fact OF shooting
All the other necessary ingredients to con
| stitute the crime must be made to appear
before the defendant can be convicted.
Self.dtfense and the defense of one'l
| hos al lyun hpan held "a N stih hpa-
tion in the taking of life when it wal
necessary that lite should be taken in or
der to preserve the life or property of tn,
party assailed; and If the assailiDg party
put the other In imminent peril OF great
bodily harm and had the present abllit,
to commit such bodily harm, and was con
ducting himself at the time in such
manner that the person assailed had rea
son able cause to fear that his life was im
periled or that great bodily harm wa
about to be Inflicted upon MIN under tn
then existing circumstances, just as the
were at the time and that ne acted on
in self defense, believing that he coui,
not safely retreat from the presence of hi
assailant. and that it was necessary for hir
to act as he did in order to protect himsel
from death or great bodily harm; an
that he had exercised and exhausted a
reasonable means to avoid taking the !if
! of his assailant but was compelled to do q
under circumstances above narrated, the
and in such case the law would excus
him. 1t IL not necessary in such cases fc
tue person to wait till his assailant ha
struck him down or inflicted upon hiI
dangerous wounds, but it is necessary this
: ne should wait until the danger is i'm
= nent and that to defer his longer defens
. would subject him to death or great boz
= lily harm. He must not strike his assai
ant down until that point is reached, an
; when that point is reached he may strih
his assaiant down. In this case you al
= the Judges as to whether that point va
. reached by the deceased at the time tt
!. defendant fred upon him.
!, But to Justify the IL king of human lii
y in self.defense it must be made to appet
y from the evidence that the defendant NJ
= only really and in good faith endeavore
y to decline any further struggle and to e