Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1894-06-27

This appea tAe cefendan, prosecntss
mere are quite number sf ..-r...
hriehv : sl'al refer 10 SOME 81 ,hsm
The irst error ,hat shan 49,.
y mat. notwithstanding H. a'T neDt,on ,
- snHiit Yves oririnrilv totfrts. /. N,ti-t
murder aa tn the first, degree. ami he sof
on on ~ a snsc, aSanlt,ea q that charge
nne nist trial The having hsen ~,
Vlctea OF murder In the see,,,d 4, son-
q minor degree OF the same offenss, ~,
ynIis was charged on murder IN fho 49,
~ n ah1 ms We assign as error and
nat decision we believe 10 b. declslyc ~
the question. UeN's'fe OF
The court charged as follows arho
S for Iln m mi, case s. only on trial
~ ~, nWraer IN the second degree ami
YOU VIII therefore only consider tnufser
IN the Aecont ,searca and nnnnsia,,.,h,t-
and Il you find HIN saiity Of any o1iense
he,e ~. y can pc tor 20 higher grade OF
sreei thereby instruoting the Jury that
they must Ind him guilty OF OF murder
y, IN VS. second degree or OF no oirense
The language il as have ono,es n,
Inc defendant is only on trial for mur-
ger IN the second Degree Tho court
,insiia.entRlly Informed the Jury that they
eou.g consider manslaughter. and after-
snniisai nIs'r1etea the Jury upon the law
These subsequent clauses OF the charge
however, are not direct and explicit, the
..aeet remains, that the Jury was told that
DER In the second degree" and for that
only; The general effect OF the charge
n,ob ,aa' mat degree OF homicide could
elVle pc considered. The different
With each other, The Jury are told by
the court that they can consider man.
slaughter,, ana at the same time and In
,erms no less explicit. are instructed that
uDIrnUnmt ON al VI.s4
der IN the second degree. On which horn
self
These variant instructors can no, both
stand together. The charge OF a court
| 10 the jury should be plain and mnni-
fest. and should not be subject 10 d.
verse construction or require implied quail
ineauoni Z should be such as TO reach
the underste nding OF common people,
flow could me jury reconcile these two
sections OF the charger They did not at
tempt 70 do so. and found the defend
ant guilty Of murder In the second de-
gree. We say that such charge must
operate prciudlcihily, and did operate pre-
1u1lcially to the case Of the defendant.
The third section OF the charge IL sub
1eet 70 the same criticism, OF even
In seetion 95 of the charge. the court
says. THE defendant Is presumed TO
| be Innocent until found TO be guilty.
| and In case OF a reasonable doubt as TO
! his guilt Is entitled TO be acquitted and
, In this case II you have q reasonable
| doubt as to his guilt, as charged In
| the Indictment, you must noquit him, and
by your verdict say not guilty. 1.-THE
| defendant is charged In the Indictment
with murder In the first degree. and log
| ically, II the jury should have had a
reasonable doubt as TO any minor of
| Tense being committed, not being 10
| charged. they could not have acquitted
| him.
reasonable doubt Ia confined TO murder
! In the first degree alone. The Language
means nothing II II does not mean thet
| Again, In section 10. OF the charge the
"By the expression under the imme-
date Influence Of sudden passion IS
meant that the provooation must arse ,he
| oifenae, and that the passion II NOT the
| result OF former provocaton, ~ Y not
| enough that the mind Is merely aEitntcu
/ By passion arising from some otiirl
| provocntlon. or n provooatlon given by
| some other person other than the party
| Killed" That Is the letter OF the statute.
but the statute can not be InaIe Io u9 AN
! alone could do that, and our legisihtuie4
/ can not be successfully chatkeu Win
! the attribute OF ouinisclence' nv laNu'
] in this case will show that the provo
! cation In this case mny have gone ircul
| one or two sources, from the person
! Killed or from the person with whom
| he had several alterations. suppose
az n aneaeed in an alteration. ana third
n,i III s,ishes In Just az fire and receives
] the fatal shot: n the case had been
anslaughtsr m ne pe tss, ht third party
.eeeiyes tha shot make the ousnse
5rrsaterY The law looks to the mouNe.
The Intention OF the homieiue ~ ", vi w
/ time Of the killing must ne eonhiue.Nu
~ ~ The court and Jury. 10 determine ne
| dsgree Of the offense, u Tue snsus" 4,
| Snfficiently exact In ordinary ens ,' ,s ~
is not broad enough 20 eo WI oover ne
/ sible case, ana II uoeS nv
case Te a With the case:, Wllle W.
adhere 10 an the grounds OF eirrVtIgc,,9a,
slgheu' MN w me facts Of the case, and
~ mi they alone would be slhielen,
ie ,eomosl a reversal OF the Judgment o'
the S,,e eo 29sste8d ilg and man OF she name
tavs. pudler were IN the saloon "
| No Meneer hotel at san ANTOINE ~ w
95th Of November, lsss pS e,r ~ the In.
II ,.i.o ian az and with a friend hal pseH
if3n.ts in Rudder's carriage. lhoy tial
an aftercati1n With reward 70 w MO- bi
I've mack bul Defendant stated tn't AZ, ~,
lsne . Ky h,ve the money and di1 not oM'
t,,a XII Then Ruddet lett with lms ie
marx ns Il know how g gst th3' 9,i' S sn5
~ " awards the sidewalk OF the "a
ioon fronting on Alamo plaza u seg s.r
,gerc ia a city ordinance IN force ~ s &,
Antonio, by virtue o. Wn as HI b5eE Iii
can NJ ,svr1rtsonsd for The debt. tar fan
Ndl - ,ay which N lis0rderlY fpHh'A
uviTerity Ind Rudder left. with lhi7
sion on his lips and anger " ~
5nnce and evidently IN seaIeh
u isN.,,l, ., when Cochran, nt who's
Won ,sSudsrs followed the. hackdriyer og
Ssu . :, ,door and continued TO eNpostulal'
OF On S'S MIN stating that they had no nl9h
W. MI promslng TO pay nun IN H.
morning. Rudder stated tnet : riiI, ~
convenient for him 20 eones III n nirht' AMI
t NE NJ wanted his money then, Aitsi
~ ,,,ched the sidewalk inere Were S'N
s.sf persons there who nave leANhtt y
,.tsrhsses Jesse Rudder was ine. ~
lanes Draper, the deecaseu. ~, no
S1ncioir Frank Cochran, man MI nni'7
In l., NJ rharshnl. Az Jesse Rulder lei
uepuNnyg,.i lanes Draper, who haa peei
tsh III a. conversation Inside the uoof p
iha saioen. lef. the saloon IN sucn Y W., Mas
e hein.- closer TO me door. ~ " ~ 49, 9,,fi
~ coming OF Rudder, cochran ann Sii ~
Iels, sa,w,aited them. Sinclair tesuhes ma
tne' gGi-,eeiS followed the party 20 ny
" tS,,n.sit because he WAS a trltnu y
rp,uaSisfis ID protect him ana 70 see INA ma
, ~ cifhe to no harm, ~ Gaze iAe ~. "a, ~
lion became serious. Siusiitl = 1s,'da.sss
/, Inc ,esstTony Il iu some respects con
, Luz a. 10 what occurred wren 9eieil
untln ,e.a.hsd the Sidewalk, Dut aaYlui
snna there under these coma, lonf ~ ~,
( Ssine there. nccording TO the tes.i,ng ~.
/ | 81 Rudder, the cehNelsassiiyI" ~. ,,hidefs
na h IVA sHow long dld YOU have nc.
: meaning how long had ne been f'ai"'
WIN pAsaaa ar replied. About four heuFs