The times. [volume] (Richmond, Va.) 1890-1903, 1896-02-11

V'9 oi v,loDei Aia'' was resumed ln '"e
huspnss Court tnla morning 80 hah-lbsl
4O oclocN.
iN9i i.t tiioNo 10 IitH IA.
'"'tt mullen save tne loA'"iNb lh-
81 .sloHs 10 tnc jury.
'"o ia" pi i'aui'',' 'f''' ''vi
'"' sen WIN crime TO pa ii."o ""''
"ia tuill ls cslauilsh'A ny inc common
wealth beyond reasonable Doubt ana
lhe presumption of innocence goes with
The prisoner through tlc entire case, and
applies at every stage thereof.
q The jury are the exclusive judges ass
90 what facts are proved, and as TO tho
weight and character of the testimony.
IT, therefore, O. reasonable doubt of the
guilt OF tho prisoner can ie raised by
The evidence or hy tho ingenuity of couu-
hei upon the whole case. or as 20 any fact
essential to prove The charge made
against him in the indictment 30 is their
duty to Slye the prisoner the benefit ol
tho doubt. and 90 hnd hIm NOT guilty.
lt is not sufficient that thc evidence
creates o. suspicion of guilt Tho accused
is entitled 90 ana acquittu unless the fact
or quit is proven 90 the exclusion ol
every reasonable hypothesis OF inn0-
CcnCc.
@. Murder u.s. tho unlawful killing OF
another with mallc. afOrcthoughL which
may he expressed or implicit, and ls
distinguished as murder in the nrst ana
second degree.
l. Express malice is where "A person
Kills another with a scdate. deliberate
mind ANA formed design. d. is implied hy
law from any deliberate cruel act conn
mittol hy one person against another sud-
denly without any on Without "a consider
able protoeafion.
s Every homieid. S. presumed in Jaw
Il. he murder iu tho second degree. and. in
ORDER to elevate tho oGonCc 90 murder
300 inc Irst degree. tno burden of proof
i- upon tnr Commonwealth. and. 90 joe
du.c tho offence 70 mansiaughtor. or to
Justify or exercise the ACT, the burden oi
proof SIS upon the prisoner. 10 is how
ever. the duty oft the jury 10 consider ihc
whole testimony ami ascertain there
from whether the prisoner has been guilty
of murder in the nrst degree. or murder
boa the second degree. or monsiaughter
either of them. or whether the homicido
was cNeusablc or justinahlc.
g. TO constitute murder iu the first
degree tho evidence must clearly and
distinctly ur0rc beyond amy reasonable
doubt chad Tine prisoner was not only in-
cited to the Nu.ne of the deceased hy
malice. but such killing must have been
"a vnm. deliberate. and prcmediiated
act ou the part OF the prisoner. IN otner
words. at the time or thc hiHlii-' u'e
prisoner must have distncuy u"1ei a'oou
what Ne Wlled ana INTENDED 10 "u' Ut.
must have also rejected ana q. .hD, ,@.,u
and prcmciitated mat he "ouln MI @ .',N
deceased. or do him some serious "'u's
harm. tho probable result OF Whlch No"u
le death
d. But it is not lccc ssary that tho pre-
meditated dcsicn 20 kill should nave eN-
isfed for amy particular lcnstn of time IT,
therefore. the accused at the lime he are"
ANA ltNoloi his pistol, lh.n loI in'' ''t
design to hil, ana oiu hii 'ne ne''"f'i
without amy or upon very slsnt provo
cation. tnen or very iccchuf i'c'iN'l'
he BIS eullty OF murder in the hrst degree
mortal wound given with "a deadly
weapon. in tho previous possession of The
elav.r without any or upou very sipht
,.roror,fion. is priina facie wmnl. delibe-
rsf.. and nremcIltatcI killing. and throws
urou ths accused the necessity of proving
cNfeuuating circumstances.
H SO Urov0cation can render homicide
iuatinahlc on even excusablc. Tho lowest
grade To- which 20 can reduce homicide is
manslaurhlcr. provocation, as "a defence
90 murder. must have been such as was
calculated 70 have deprived the accused
of the power OF self control at the time the
fatal blows was given
ll. Murder in The second degree is when
rhe killing was done from malice. bat
without 20 wilful. deliberate. and premedi-
tated design 90 Kill But the malice is
presumed from the fact OF KILN. un-
accompanied with amy circumstances OF
pnllid, or excuse without malice. there
can Doe no murder.
ID. Mansiauehtcr is the unlawful kill
ins OF another, without malice expressed
or implied. The presumption of malice
MA'eh max thc homicide murder. may
pee ltp'Htd 10y ihC accused, when the act.
l''uth intentional OF death or great bodily
hain Was not the result of q COOL delibo-
rate Judgment and previous malignitv of
heafi. hli is imputahic to human innrmitv
ei'h' Nu'n death cnsues from sudden
transport oi passion or beat Of blood. if
upon reasonable provcanon. and without
Hl"i,e
D. '"' hlilne Doe done in sudden
p'"iI,l of ARRAY ana no undue adyau-
'"H' "' ,'N'H nN lhe accused, 30 will he
ll'H"il'u 'nAl ihe accused bad lost the
i'"'I ". N'i control ana ihc Killing VIII
h' IMAM il"t thi'i No words merely how
ever opwoplons, furnish sufficient provo
cation to reduce klllne with "a deadly
weapon from murder Co mans'aughtor.
I'D. Where there is both am old grudgo
ANA fresh provocation. the jury ought
rather 20 presume. in the absence of sudi-
cicnt evidence 20 the contrary. that the
homicide was induced by the fresh provo
cation and not by the old erudCe
d. when "a man is assaulted i'm the
course of "a sudden brawl or Quarrel. he
may protect himself bv slaving the per-
son who assaults him. and excuse himself