Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-01-07

utmost every trial for murder the judge
is required 90 charge ON tds law. he
must iu writing, tell thc jury what mnn-
slaughter Is ms distinguished from nirf-
der iu the first aud second degrees
After Instructions IN technical language
that " the defendant uuawtully kiied
tle deceased of express malice ne i3
guilty Of murder iu the FIRST degree, or
il The killing was on implied malire the
0iicnFc is murder Ia the second degree,
he proceeds TO perform he ardu0us and
embarrassing task of Informing The jury
on 'manslaughtcr. he tells them that
30 liz voluntary homicide. committed
under the immediate influence 81 sud
den passion arising from ON adequate
cause but 'neiUer justified nor excused
~ law. Proceeding, he descends into
Particulars. and gives Instructions on tie
meaning of the terms under the immedi-
ate influence OF sudden passion. Of 'ade-
quntc cause,' and INDUCES iu some statu-
tory Illustrations of thnee phrases MS nrc
applicable TO the case. Tie also defines ana
chnrges on the rights of self-defrusc
telling the Jury that the dcfphdunt had
the right to take thr life Of the deceased
under certain circumstances and dis.
cussiug DIS right 90 nct ON apparent duir
ger Of serious bodily injuries, etc. he
must lay down the law that 10 Is not
essential TO the right of seli-dcfen5c
thnt thc danger should IN fact exist
That b may Doe apparent and not rpul
ihat ~ determining whether there was
REASON 90 believe that dnugCr did exist,
the appearances must hc viewed from the
standpoint 0i thc defendant, and from no
other standpoint BY the TINS judge
gets through with a long contested uur-
der trial, Voc which Dee has been compelled
lu PASS on questions ~ evidence. and
otherwise guard the proceedings tu pre-
vent Injustice, ho has Dat little time Go
prepare perfect CHARGE 600 800 many conn
mirnicd questions OF law. The statute
expressly requires him boz the charge so
distinctly sot forth tlin law applicable
Co thc caso.' ~ Do commits error n.
doing su. it makes no difference how Cor.
material 10 may be-. ~ g is excepted to
ana presented by bin of exceptions on
appeal thc cusc must De- reversed hy Che
court Of appeals. The law is mandatory
thot in such q ease The conviction muu
ne set aside without inquiry as 10 thc
eucct OF such error up1u the jury no
say tliut il Us shameful iO permit such
laws to exist .n O. civilized government
D. mo- argument nor can abuse ot the
courts chDugc ihUW. " r. n compliment
to ine honesty and purity of the judges
10 have abuse hoaprl upon them for de-
cl0ring the law as it Is Ohcdi1nrc to
The law 10y them under 40 circumstances
the laws bC Chuugd in Obedience %
pune demands. or 90 conform TO priuc-
Pie AMI Justice. rather than 90 rpmnu
tue creatures Of q muudliu sentiment $50
rrpulslye To civilization and complaints
in The future That murdprers are less
punished IN Texas than thieves will hr
no longer heard To accomplish this the
executive respectfully hrgs t0 suggest:
Ihat the law of murder be- changed
80 thnl when person ot sound mind and
discretion uul1ufu'ly and with mulirp
niorrihouuht kills "a human being I'M tbis
state. he shall be- guilty of. and uu cuu-
Nictiou, punished ior the first or second
u'tfrc ul ului uHpnsp, according 10 the
facts developed iu tine trial.
Qualify the law of self-dofensp So
Ilut When person takes the life OF uu-
other and relics ou thr appearance of
uunscr' Tor projection the jury. NOT tho
defendant must determine from ulI tLp
evidence, whether Oh appearances" vpr,
ruultl'ut to Justify q prudent man in be-.
i'NIut tho 'duugpr' in fact existed nt
thc tiuo the killing occurred
I" Make every slayer who proyoltas the
nttuek which results u the homicide. OFF
who voluntarily engages INA combat
knowing that 10 would on might result I'm
death or serious huiHy injury to his adj
VtrWN or To himself guilty of murlrr
iu tue hrst on second degree. according
Ia the facts iu The case
~ Repeal thr chapter of the pennl code
relating lo granddaughter" and romoyp
that wuri from every other section of the
statute Tint contains a.
by repeating this law no substantial
right of the citizen need be- abridged If
hu is guilty Of that ononsc his prescribed
punishment is continent In the .ppuiteu-
tiaty anyway While Il Is NOT so termed
In the code "mansnughter' h neither
more nor less Than q degree of nW4lpr
but az such affords loup-holn Tor rrimi'
nnls In cvudWg punishment II l. % mesh.
work Of terhuicalities aud complicatcd
impcdlmcntS IN the pathway of Justice
wherein murdercls tread with shameless
Indifference over the lifplo-. forms of
their innocent victims
'All nrcdul ruhs and safeguards for
the preservation OF Che Inherent. muIisn-
able and just right of tplf-drlens, .hoVld
be retained 10 protect the upright ritigru.
yot this law and an other distractions tn
inr sound administration of the iuJirinl
sy'tcm iu The 'tll protection OF human
life from the reckless hnnd of thr mum.
drror can and of right should be forever
removed FROM our code