The times. [volume] (Richmond, Va.) 1890-1903, 1898-12-23

| and promeditated killing. and throws
upon the accused the necessity OF proving
eXtenuatiug circumstances.
4-I'hat il they believe from the evil
| dence that the accused armed himself
| with a loaded pistol and that after sd
arming himself he shot the said Moore
and put himself In the way of said Moore
so as 20 have an opportunity OF killing
SAID Moore IN case he should attack him.
and that tho said Moore afterwards while
unarmed. did maze an assault upon the
accused. and the accused killed him ia
pursuance Of a previously formed dee
sign. then such killing IS murder In the
first degree AMI the jury should convict
him.
THAT II the jury believes that the
accused relies on the necessltys> whether
real or apparent, 10 justify the killing
Of the said Moore. such necessity ma
not afise out OF the prisoners own mis-
conduct. the law being that a man snail
not in any case justify the killing Of an
other upon the ground of necessity, UNI
less he be without fault in bringing that
necessity upon himself.
s.-That though the jury believe from
the evidence that the said Moore used
violent and threatening language towards
the accused. and that though the said
Moore moved his hand as If TO draw a
pistol 10 kill the accused, and though
the said Moore threatened TO spring out
of his buggy and kill the accused. yet
the accused had no right to Kill the said
Moore. unless they believe those acts
induced an honest and reasonable belief
on the mind OF the accused that such
killing was necessary TO save his life or
to protect himself against grieyous bodily
harm.
THE fury are instructed that I'm order
to convict the accused Of the crime al
legged IN the indictment every material
fact necessary 10 constitute such crime
must be proved beyond a reasonable
doubt. and If the jury have 4 reasonable
doubt upon any material fact or element
necessary 70 constitute the crime u Is
their duty TO give the prisoner the bene-
fit Of such doubt and acqult him.
S-The jury are instructed that the law
allows an accused to testify In his own
behalf, and they have no right. aroi-
trarily, 10 disregard his testimony upon
the sole ground that he stands before
them charged with the commission OF n
crime, and they should fairly and impair
TALLY consider his testimony. and test
II in the same way with that OF any other
witness in the case. and determine from
his manner and appearance In testifyiag
and his interest In telling or concealing
tt. how far they should believe him
9.-The court instructs the jury that
the law presumes the accused 10 be in
nocent until he Is proved guilty beyond a
reasonable doubt. and II there Is upon
the mind of tho jury any reasonable
doubt OF the guilt Of the accused the
law makes II their duty 20 acqui- nun.
and that mere suspicion or prooaDtity
of his guilt however strong. Is not sDfii-
cient 10 convict. nor is 1T sufii ,ient y The
greater weight of preponderance Of The
evidence supports the charge In the In
dlctment. but TO warrant his conviction
his gullt must be proved so clearl1 that
there Is 10 reasonable theory, cons.siont
with the evidence, upon which he can DO
Innocent
f0.-If the fury believe from the evidence
that the defendant was assaulted by the
deceased in such a way as 10 induce In
the mind Of ths defendant . reasonable