The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-12-14

resistance such person be killed BY
the party attempting the arrest, the
person doing the killing is jnstifed
under the law, but in order to be jns-
titled the party attempting the ar
rest must use al reasonable eff ,-ts
to effect eaid arrest, without success,
and there must have been in all prob
ability no prospect of preventing IN
Jury from such resistance, or the es-
cape OF the person whose arrest was
attempted. But in order to justify
killing under such circumstances, it
must appear that robbery had been
committed by some one, and that
the person whose arrest was sought
did the robbery, or that the person
attempting the arrest had reasonable
groun6s for believing that he was
guilty of the robbery.
A party lawfully attempting to ar
rest another for robbery may slay the
party whose arrest was attempted,
if the party whose arrest is attempt
ed resists the arrest, and by so doing
endaugers the person attempting the
arrest, or the party attempting the
arrest may slay the party whose ar
rest is attempted il it it should be-
come necessary to prevent his es-
cape.
If the Jury believe from the evil
dence that before the killing of the
deceased, the defendant Andrew
Walker had been robbed of two pis-
tolls by some one. then he and the
other defendants were authorized by
law to arrest the party, or parties
committing said robbery without
warrant issued thereto :, and had the
right to use all proper and + necessary
means to effect said arrest as herein
before defined. And if the deceased
Embree either alone or in connection
with others committed said robbery,
or if said robbery was actually COM
mitted by some other person, yet if
it reasonably appeared to the de-
PENDANTS when viewed from their
-sta"dpoint that the said Embree and
his companions were the guilty par
ties. then the defendants would have
been justified in law in arresting said
Embree and his COMPANIONS, aud il
under these circumstances the de
PENDANTS did attempt to arrest saio
Embree and his companions in a law-
full manner, and if you believe that
eaid Embree refused to submit to
said arrest. but resisted the same,
and by such resistance he was either
about to escape, or was about to in
f1iet injury upon the defendants or
either of them shot and killed the
said Embree, TO prevent said escape,
the defendants would be justified in
such killing, and you will acquit
them. And in this connection you
are instructed that if the defendants
or either of them shot and killed the
deceased to prevent threatened in
jury to defendants or either of them,
at the time of said attempted arrest,
that said danger need not have been
q real danger, but if it appeared to
be a real danger to defendants or
either of them when viewed from
their standpoint, it would justify
the shooting, though it may now ap-
pear that the defendants were in
fact in NO danger.
The statute also provides that "all
persons bsipg present, aiding and
abetting, or ready and consenting to
aid or atss, in any felony, shall be
deemed principal offenders, and in
dicted and punished as such"
Gentlemen of the jury, your ver-
dict must be based upon the law and |
the evidence, and not upon suspic-
ion, presumption or prejudice. You
should In reaching your verdict act |
Without fear, favor or affection. |
Your whole duty VIII be done when
you have settled the question of fact. !
The law as it. has been given to you |
by the court must be your guide as
te the law, but you alone must de-
eide the question offact, as 10 wheth-
er the defendants or either OF them,
first, are or not guilty of the crime
of murder as charged in the indict-
ment; second, as to whether the de-
PENDANTS or either OF them areguilty |
of manslaughter.
If there is q reasonable doubt in |
your minds, after consideration of |
oil the testimony, as to whether they |
or either OF them are guilty of either |
of these offenses, then you should re-
solve that doubt in favor of the de-
PENDANTS or either of them and ac-
qnit them. But if you are satisfied
of the guilt of the defendants or
either of them of either murder trl
mauslaughter bey ond reasonable
doubt as charged in the Indictment,
then you shpnld 30 find by your YER
dict, that they or either OF them are