Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-10-06

then in danger OF being Immediately
taken at the hands of Smith, and that
for that reason he fred upon said
Smith. then It will be your duty TO ac-
quit the defendant.
y. Homicide Is not even LAWFUL, but
is Unsuitable when committed I'M the
necessary defense or what reasonably
appears TO the party committing II to
be necessary defense Of himself against
unlawful violence offered 70 his person.
or which to him reasonably appears to
then be offered or about TO be offered
TO his person at the time,
"a. II you believe from the evidence
In this case that at the time the de-
PENDANT began to shoot \. b. Smith
that said Smith had drawn or endeav-
ored to get hold OF his pistol Tor the
purpose, or apparently for the purpose
of making an assault upon the defend
ant with the pistol. and that II was
necessary or that II reasonably APP
peared to the defendant TO be necessa-
ry to shoot A. B. Smith In order to
protect himself from death or bodily
injury at the hands OF Smith. then IL
will be your duty TO aoqnit the de-
PENDANT. Or II you are not satisfied
beyond reasonable doubt that A. b.
Smith did not begin the difficulty and
did not make any demonstrations
nAAANi AHt hfAtuuuiA R'lANNt hiAhi
his life was then IN danger and which
made him believe that It was necessary
for him to shoot Smith to protect him
self, then you will acquit the defend
ant.
25. In determining whether the de-
PENDANT acted In his necessary self-de-
Tense, or In what reasonably appeared
TO him to be his necessary self-detense.
II is the duty OF the Jury to look at the
f,n hot f..
from the evidence was the standpoint
of the defendant at the time. and con-
slider the same In the light OF the facts
and circumstances. as the jury believe
they appeared to the defendant al the
time, and not from any other stand
point.
&C. But In this connection you are
further instructed that in order TO jus
tify the killing of A. b, Smith by the
defendant, X. NJ. Page. to protect HIM
self against an attack or threatened
attack upon the defendants person, the
attack then made or apparently about
to be made must have been such as
produced on the defendants mind a
reasonable expectation or fear OF death
or OF some serious bodily harm, being
then inflicted by Smith upon him; and
no mere fear or apprehension that he
might at some future time be attacked
VI w III hhhkNA NPhlNl NC blie lAaAllAAh-
ton for the killing
81, II You believe from the evidence
that the defendant was unlawfully at
tackled by Smith at the time OF the
killing then the defendant was not
bound to retreat in order to avoid the
necessity OF killing Smith
2S. II the jury. after considering and
Weighing the facts and circumstances
and testimony In evidence In the case,
believes beyond a reasonable doubt
that the defendant began the difficulty
and fired the first shot In the difficulty
In which Smith was killed. without
any necessity, and without any nppar-
ent necessity. as herein above defined,
for him so to do at the time. then II
would be immaterial what Smith may
have done after the same was begun
and during the difficulty. making II
necessary for defendant to shoot again;
for II II was 50 begun, and no act was
done by Smith until after It was 50 be-
gun, then the defendant can not be
justihahle, but would be guilty Of muir
In the first or the second degree or Of
manslaughter
20. You are the exclusive Judges OF
the credihilty OF the witnesses OF the
weight OF the evidence and the facts
proved.
30, The jury can consider the EVIL