The times. [volume] (Richmond, Va.) 1890-1903, 1898-11-20
THE INSTRUCTIONS.
Directions To the Jury in the Trial off.
PenrOse Carter.


The Court instructs the jury as fol-
lows.
THAT murder IS the unlawful Killing
OF any person with malice aforethougnL
and is distinguished by The law or Nir-
gnis as murder In the first degree and
murder In the second degree
That homicide in Virginia Is presumed
in law 10 be murder in the second de-
gree; in order to elevate the offence 20
murder in the first degree the burden Of
proof is upon the Commonwealth, and 70
reduce the offence 10 manslaughter the
burden OF proof is upon the prisoner
That every willful deliberate and pre-
medrated killing without prOvOcation or
eXGuse Is murder I'm the first degree, ana
that on a charge II murder malice is
presumed from the fact OF the killing
When the Killing is provoked and unac-
ccmpanled with circumstances OF paliia-
ton the burden OF disproving malice IS
on the prisoner
2-That 10 constitute n wiilful. delib-
crate and premedifated killing il is not
necessary that the intention 10 XIII should
exist any particular length Of time prior
90 the actual killing IL IS qnly necessary
that such intention should have come
into existence from the first time at the
time Of such killing, or az any time pre-
vi0usy.
THAT q mortal wound given with
deadly weapon IN the previous posses
sion Of the SLAYER without any or upon
any, slight prOv0catiOn is prima facie
willful deliberate and premeditated kill
ing and throws upon tho accused the
necessity Of proving eXtenuating circum-
stances.
THAT IN order 20 sustain provocation
as defence 70 murder IN the first de-
gree n must be shown that at tho time
az the shooting II was such es 20 have
deprived The prisoner or scif-control
1.-The Court instructs tho jury that
nrov0cafioa ag used I'm The instructions
numbered ( mean such insulting words
acts or gestures as are calculated 60 pro-
yoke the anger Of the accused and de-
prive him Of the power Of selt-control;
but n the fury believe from the evidence
that tho accused acted IN self-defence
IN the shooting as defined In these I'M
structious. then they orc further In
structed that the accused need not have
been beyond self-control while so acting
in self-defence.
THAT no words OF reproach or accu-
eafiOn however grev0us they may be-,
will AFFORD sufficient provocation 20 free
the party killing from the guilt Of muir
der: and n they believe from the evidence
that J. Penrose Carter killed Charles i.
Moore with a deadly weapon on account
Of words used by the said Moore 10 the
sal Carter. then the said Carter IS
guilty Of murder. Notwithstanding any
provocation contained in said words
G-That n they believe from the evil
dance that the accused armed himself
with a loaded pistol. and that after so
armlng himself he sought the said Moore
and put himself In the way of said Moore
so as 10 have the opportunity Of killing
the saii Moore IN case ne should attack
him. and that the said Moore after
wards, while unarmed. did make an as
sault upon the accused and the accused
killed him I'm pursuance OF previous
former design. then such killing is muir
der IN the first degree
THAT II the jury believe that the nc.
cused relies on necessity. whether real
or apparent, 10 Justify the killing OF the
sail Moore such necessity must not arise
out OF the prisoners own misconduct.
the law being that n man shall not in any
case Justify tho killing Of another upon
the ground OF necessity unless he be
without fault in bringing that necessity
upon himself
S-That though the jury believe from the
evidence that tho said Moore used violent
and threatening language toward the &C.
fNreN ana tlAhl NNNArI NlIH rAiA s'i'"i'
moved his hand as II 10 draw his pistol 20
kill the accused and though the said Moore
threatened 10 spring out Of his buggy and
kin the accused. yet the accused had not
right 10 kin the said Moore, unless those
acts induced reasonable belief on IRE
mind Of the accused that sucn kliils was
necessary 10 save his life or - protect
himself against grievous bodily BARN.
The court instructs the jury that II
they believe from the evidence that the
deceased used violent language toward
the accused and threatened 10 Kill him
or do him serious bodily harm, and that
the deceased also moved his right hand
back TO his side or hip. ne n 70 draw a
pistol or other weapon 70 kill the ar
cused and at the same time made mo
ton as II 10 spring out Of the buggy and
kill the accused or do him serious bodily
harm. then. II the jury believe that these
acts Induced n reasonable belief in the
mind Of the accused that he was in imme-
date danger OF life or serious bodily
harm. then the court instructs the jury
that the accused was justified In killing
the deceased and you must acqult him.