The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-05-31

by starving. torture. etc, or by lying IN
wait, or antccedcut mcraces. former
grudgcs aud concocted schemes to do bod
lily harm, These arc Illustrations OF the cN-
ternai circumstances which discover tho
formed design, the Inward Intention, but
they do not exhaust the whole Held OF faots
aud circumstances by which the formed de-
sign. the inward Intention, may DO discov-
cred II II is shown by any fact or cir
cn,nstances that one with scdate aud
deliberate mind and formed dosign Kills
another. the killing would be upon cS-
press malice and theoe external citsum.
stances discovering the formed design may
transpire at the time OF the killins as
well as before. For though the killing be
upon sudden difficulty, II may be at
tended with such circumstances OF enorm-
lty cruelty, deliberate mslisnity. cool, cat
culating ocmpasstngs, or even cam ue-
mcanpr and absence Of passion, Ns VIII no
sufficient evidence TO establish the inter
cncc that the killing was the result of
s,datc deli.eratc mind and formed uc'
sign TO take life
Wherefore the acts OF cruelty az before
rccitcd called for and absolutely demanded
tho charge h question.
3. The eighth division OF the charge,
which informed the, Jury, There is, now
ever. no definite spice OF time necessary
TO intervene hutwcen the formed design 10
XIII and tho actual hhtng" was also aoso-
lutoly called for and demanded by the eva
| dVncc in tho case, in this, as before stated,
| tho evidence while circumstsntial. almoHt
| positively shows that the deceased was en-
gagged IN quarrel with Mrs. Anna NJ BUR-
several hours before the killing, IL also
appears that after this quarrel the nurse
returned to the house, saw thcm togcthet'
mud he bore no evidence vi excitement or
anger, Again. upon The theory that this
hiAng waH prompted by ayar'ce mat y,
to obtain the money for which he sold tho
household goods. aud by hie dceirc TO ilec
tho country aud avoid prosecution, would
| Indicate that the dosiga to XIII wac formed
t nricr 20 the lSltllns, ana that the killing wna
/ not tho result OF a sudden rash, mcOnS'u-
crate Impulse, II was the duty OF the ulNl
court TO tell the jury that the killing must
| have hpou the result Of u previously FORMED
| design to KIN before he would be guilty OF
murder in the first degree, And IN thlS
| connection Il ls equally important hnr sus-
| famed by all the authorities, that mere is
no definite length OF time necessary to IN
tervcno between the formation W the ue-
eiru and the actual Killing, and Il Is proper
to 10 inform the jury. .t,,
paragtAph 90 of the charge wnViNh'
tho word collaborating occurH, WHICH W
| complained or iS an exact copy "i WV
charge given IN the lcacho case ~ N.Y.
90. and approved Limo and time asHin
Inv this court We quote from rNdd op,n
ION as lnlloNas ~ .".' 49, '..t...........,
teRt In all caaea would DO that whnueNe'
IL should appear from all tho evidence
n,al at th,, tlmo of doing the act the prs
oner was not OF sound nina, pu' was ~
tcclod with insanity, and snoh alleo'w',
wss the efficient cause of the act Ithu
that he would not have done IN" "o' pu'
for that affection. b. ought TO be DC
threnad and the power to exercise Jhdg
,nent would be WANTING But THIS un-
soundnoss Of mind or Hnection OF insanity
must be of such a desroe Az to create a'
uncomfortable Impulse TO 40 the as,
charged, by overriding the reason anu
Judgment and celebrating the aeneo 81
right and wrong and dcprivinR the Nv
cunad uf the power OF choosing between
| riRht aud wrong as 20 the particular "''
done ''' page 5iiJ 1'hia clarEc was eNei
IN the case of Hops w People ~ ia
3Sb and approved by this court,
There mus, be- total want OF reasol
and mower To distinguish between riSh'
and wrong I'm order 10 excuse crime u
must be a man totally deprived oi his nn
= dorstanding aud memory 90 llsw. sNl'
y Trials 76a; 10 How. State Trials Wt) !
untterg not how this " Expressed wh"th'
y hy the ueu Of the term "ohiitofa'ing
e whether by telling the Jury that he shonl
. ba fatally deprived of HIS sense OF riEh
md wrong. Tho test is, II he can diS.n
= ruish between right and wrong as to IN
particular act then he IL amenahie 10 IN
! law, InfftIpffa u UlhAitlh NV "''
0 nxrrcsscd so IL conveys the meaning In
: tended.
VII Defendant INSISTS mat az th
= charge Of the court places the burden O
0 uroof uuon tho defendant TO show IN
r sanity thai this Is erroneous ull ~ SUN
>. ciout 10 domand reversal.
4 The docuAnc contcnded for by appnllnn
o FIRST found expression IN the court 81 ap
meals Of Nov YORK in 1851. See People
I VI. McCann. iG n. " 6S. livswel oi
. insanity. section lGG. Since then Mich
Q pnn. Kansag, Nebraska. Kew Huli~lire
e Now Mexico wisconsin and the Huprein'
Is court OF the United Si0t,A haze adoplr'
Tho rule coutoudcd for by appellant ~
A araiuu this Alabama ArkanSaa, cantor
! MA Georgia. Iowa. KontucEy Louleianl
Name Mnsanehusctta, Minnesota, Missouri
. Ncvndn Nav Jersey, North Carolina. ONO
/, i,snnEvivnnln. south Carolina virginia
Wost virginia ~ woil us Te1m. h,v
nrnoticallv adhered to The rule az II ha
- ''yts,ad iron, Tine lmnisnOrinl that ia, ia
!. ,aw nresnmos that all men are sane, and
,nssnttv of any person be alleged It is in
I 4 40