The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1898-01-06

instrument used, and IL one were used,
or means were used were they such as
likely to produce death : Was there ten
dency to destroy life
A premeditated design or purpose is
the result of thought and reflection; n
design conceived and afterwards so de-
liberately considered as to become resolv-
ed and fixed is regarded by law as pre-
meditated. When the design to take
human life is formed after deliberation
and premeditation, and where there is
time for deliberate thought, then no mat
ter how soon the malicious and felonious
killing may follow the formation Of the
settled purpose, 1t is murder in the first
degree.
But where there is no time for the
purpose of deliberation and premedita-
ton then the unlawful killing cannot be
murder in the first degree. The act must
be reflected upon, deliberately determin-
ed upon, before it is done. II the passion
had been excited, has the blood had
time to coolP Has reason had time to as
sert herself
Where the degree of the offense de-
pends on the question whether the kill
ing was willful, deliberat, and premed-
itated, it is proper for you to consider
evidence of intoxication, If there is any
evidence tending to show intoxication,
not upon the ground that drunkenness
renders criminal act less criminal, or
can be received in extepuation or excuse,
but upon the ground that the condition
of the defendant'C mind at the time the
act was committed must be inquired after
in order to justly determine the question
as to whether his mind was capable, at the
time, Of the deliberation and premedita- |
tion which, according as they are absent |
or present, determine the degree of the
crime.
To the indictment in this case the de-
fendant not only says that he is not |
guilty, but he says that whatever he did |
at the time of the alleged killing he did |
in self defense. Homicide is justiGable
on the ground of sef defense where the
accused, in the careful and proper use
of his faculties, bell yes and has reason
able grounds to believe that he is in
imminent danger of death or great bod
ily harm and that he has no means of |
escape from such danger except by taking
n ftl nf ha n1t IT,, 6, !
he is mistaken as to the existence or the
imminence of such danger.
Much of the evidence on which the
state relies for conviction is cirnum-
stantial but it is not to be dlsrpgarded on
that account Evidence is always more or
less circumstantial, the difference being
only in degree, and it is sufficient for the
purpose when it excludes all reasonable
doubt of the defendants guilt.
The difference between murder in the
first degree and SECOND degree is that in
the second degree deliberation and pre-
meditation are not necessary An inten-
ton to kill, however, is an essential els-
ment of murder in the second degree.
When the fact of the killing is proven to
have been purposely and Intentionally
done by the accused, malice is to be pre-
'umed, and all the circumstances
IF justification, excuse or extenuation
must be made by the accused by the pre-
ponderauce Of evidence, unless they ap-
pear from the evidence adduced against
lim
Manslaughter is defined to be the un-
awful killing of another, without malice,
'ither upon sudden quarrel or uintention-
Ally while the slayer is in the commission
of some unlawful act When the person
S killed under the influence of passion or
IN the heat Of blood produced by an
adequate or reasonable provocation, and
before there was time for the blood to
'ool and reason to resume its control, has
Elapsed, and it is the result of temporary
excitement, or when the control of the
Jason is disturbed, rather than wicked
less Of the heart or recklessness Of dis
position, it is manslaughter. The killing
must arise out Of the provocation then
,iven; the provocation must be given
It the time Of the offense or a short time
,efore.