The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1899-11-29
ARDMORE md TER WEDNESDAY EVENING 49, 1899


yond a reasonable doubt of the de-
fendant's guilt.
Not every doubt however which
may suggest itself to your mind is
of necessity a reasonable doubt.
A reasonable doubt in the meaning
OF the law is a serious, substantial
doubt; one growing out of the in
sufticiency, contradictory or unsstis-
factory nature, of the evidence in
the case. Such a doubt as il arising
in the solution of one of the graver
affairs of life, would cause a reason
able and prudent man to hesitate and
say, 81 am not satisfied" and as ap-
piled to this case, a reasonable doubt
must be one growing out Of the in
suficiency, unsatisfactory or contra
dIctory nature, of the testimony,
which after due consideration of all
the testimony IN the case, causes
you to hesitate and say, 81 am not
satisfied OF the guilt OF the defend
ant"
II, after full and fair considera.
tion of all the evidence, you can say
you have .an abiding conviction of
the truth of the charge. you are
satisfied beyond a reasonable doubt.
You are the sole Judges of the
weight of the evidence and of the
evidence and of the credibility of the
witnesses who have testified, and it
is your duty to fully and fairly con-
slider the testimony of each and all
of the witnesses who have testified
and to give the testimony of each
such weight as you in your judgment
think it entitled to and after such
consideration, you are at liberty to
disregard all testimony if any which
from the evidence and circumstances
in proof you believe to be unworthy
of belief.
Under the law the defendant is a
competent witness in his own behalf,
and in considering his testimony, you
should take into consideration his
appearance while on the stand, his
manner of testifying, the reasonable
ness or unreasonableness of Lis tes
timony, his apparent candor or lack
of candor, as to whether he has made
contradictory statements, (if you be-
lieve from the evidence that he has
made contradictory statements, re-
latIng to some material question or
questions in the easel; his interest
in the result of this case, and give
to his testimony such weight as
under all the circumstances and evil
dence in the case you believe il en-
titled to.
The law clothes the defendant with
the presumption of innocence and it
is your duty to act upon this pre-
sumption until you are satisfied from
the evidence beyond a reasonable
doubt of his guilt.
To extenuate killing and reduce
it to manslaughter, two facts must
concur. There must be, at the time
Of the killing, both provocation and
passion. Provocation without pas
sion will not extenuate, nor will pas
sion merely without provocation re-
duce the unlawful killing from
murder to manslaughter.
II from motives of hatred or re-
yenge, or for any wrong or injury
real or imaginary, a person deliber-
ately kills another, not in necessary
or apparently necessary self defense,
the law deems such killing malicious,
and 1t Is murder.
You are instructed that what is or
is net an overt act of violence, that
is, what acts on the part of the per-
son slain would justify the taking of
his life, varies with the circum-
stances of each particular case.
Under some circumstances a slight
movement may justify instant action
because of reasonable apprehension
of danger. Under other circum-
stances this would not be so. And it
is for the jury, passing upon the
weight and effect of the evidence, to
determine how this may be.
The deliberate and unlawful use OF
a deadly weapon by one person
against the person of another implies
malice in the mind of the person so
deliberately and unlawfully using
such deadly weapon.
If you should find from the evil
dence and law given you in this
charge that the defendant was ex-
cusable or justifiable in firing the
first shot and that said first shot
killed the deceased, then the jury
cannot convict the defendant for
gring the second shot; unless you
should believe that the second shot
aided or FASTENED the death or
shortened the life of the deceased.
II you should find that the first
shot killed the deceased and that the