The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-12-09
ghe ad1ieha Daily Gaote Sunday ormno 1ecembet

/ human being without design to effect
death, in the heat Of passion, but in a
! cruel and unusual manner, and unless
II be committed under such circum-
stances as to constitute excusaiole or
Jusuhable homicide. shall be deemed
| manslaughter in the second degree.
Section is provides: The killing Of an
other, in the heat Of passion without
design to effect death, by dangerous
weapon in any case except wherein the
killing Of another is Unsuitable or ex-
cusable, shall be deemed manslaughter in
the third degree. Any unlawful homicide
that is committed without malice afore-
thought, ana as the result Of a sudden
violent impulse of passion caused by a
serious or h ghly provoking injury in
hicted upon the person killing sufficient
TO excite an irresistible passion in a
reasonable person, and the interval of
time between the provocaton and the
killing is not sufficient for the passion
70 cool and the voice Of reason and hu-
mainly to be heard, IS granddaughter in
the fourth degree.
Section of said act provides that a
homicide shall be deemed tustffable
when committed BY any person in the
lawful defense Of such person or of his
or her husband or wife parent, child,
master, mistress, apprentice or sevant.
when there shall be a reasonable cause
to apprehend a design to commit a. fel-
ony or to do some great personal IN
jury, and there shall be immediate dan
ger OF such design being accomplished.
JUDGE sHINN TALKS.
Judge Shinn defined the meaning of
malice and malice aforethought, and
then said:
In order to constitute murder in the
first degree a design must be formed to
Kin wilfully, that IS with the intention
that the act done should have the eff
feet Of taking the life Of a human being
maliciously, that is with a malice afore-
thought deliberately and premeditately:
thar is with cool purpose, after having
planned, weighed and considered the
mode and means by which such design
should be effected.
MAY STAND HIS GROUND
1t was rule Of common law that be
fore a person could justify the killing or
another as in self-defense, ne must re-
treat as far as the ferceness Of the as
sault would permit; but under the law
Of this state, q person who had not him
self provoked the assault Is under no
Obligation to retreat but may, when
wrongfully assailed. stand his ground,
and if, ct the time It reasonably appears
y
self from death or great personal in
jury, may lawfully kin the assailant.
If Clara Wiley Castle made on un-
lawful assault and attack upon the de-
PENDANT and the defendant had reason
able grounds to believe that she was in
danger of being killed. or Of receiving
great bodily harm from said clara
Wiley Castle, she had a right to take
such steps as TO her under the circum-
stances reasonably seemed necessary I'm
order to save her own life or 10 save
herself from receiving great bodily
harm even to the taking Of the life OF
the said clara Wiley Castle.
IF MRS CASTLE ATTACKED
IF clara Wiley Castle made any as
sault or attack on the defendant. the
defendant is justified on the facts and
as they reasonably ap-
peared to her at the time, and If the
defendant honestly believed that she was
In danger of losing her life or receiving
great bodily harm at the hands Of clara
Wiley Castle, she would he justified in
acting upon such belief and taking such
s tens as TO her reasonably appeared to
be necessary to protect her own life or
save herself from receiving great bodily
harm, even If, as a matter of fact. she
was mistaken in believing she was in
such danger and as matter of fact
She was in no danger at ALL
I'm considering the question as to
whether or not the defendant reasonably /
md honestly believed at the time she I
vas IN danger of losing her life or re- /
,e.ving great bodily harm at the hands /
If Clary Wiley Castle, you should take /
ntO consideration the circumstances
surrounding the defendant at the time, /
he excitement she was under. the fear.
uI Mo f~ /
IF mind, and all other circumstance i
surrounding the case
Tt is not every assault that VIII Justify /
he person assailed In killing the assaiI- /
mt Where the defendant relies upon a 4
supposed necessity for the Killing as a
Justification or excuse. the rule to be an (
1Hed IS that the defendant must have (
believed that she was In immediate and /
'ctual danger of her life or great per /
'onal injury from the person killed. and /
his belief must rest on reasonable /
grounds and the party from danger Is /
.pprehended must be making some at /
empt to execute his design. or at least |
'e in apparent situation to do so, and +
hereby induce a reasonable belief that /
le intends TO do so Immediately.
MAY USE FORCE.
A person when wrongfully assailed !
las the right to use such force in his /
License as appears necessary to protect /
himself from such assault but Is not
warranted in attacking his assailant af-
err all appearance Of danger has passed.
Md I'm this case. If defendant was
vrongfully assailed by Clara Wiley
castle. but before any fatal wound had
'een given said Clara Wiley Castle al
appearance Of danger to defendant had
eaSed and defendant had no reasonable
ause To apprehend death or great bodily
larm from said Clara Vile 9@fstle ard
after all appearance If immedi7ta
anger had ceased, and when defendant
ad no reasonable cause TO apDrehend I
hat she was in danger of death or gre7t
DOLLY harm defendn wilfullv Inflicted
atal wound upon said Clara Wiley Cas-
To- from which she afterwards died. aid
n that case defendant would not he jus
fled I'm so INJECTING such fatal wound.
nd defendant would be guilty of some
egree of feIonious homicide Tn such
ase the degree fra which defendant
would be guilty would depend UNION the
eriod of time with had elapsed be-
woeH the nrovocation and the killing.
nd the mental condition motive AID
1tent Of said defendant when she in
tcted such fatal wounds
NOT CUI1TT CHARGES.
A person who has been wronEcuNv as
allied and HIS life put In peril ny an
ssault cannot reasonably be exnecte7 T.
ct and the law does nos require that lee
han act with the same care, GOODNESS.
1dgwent and discretion that reason
hle herson would exercise under the or
mary circumstances Of life
II. from n consideration of on the evil
enca in the case. ihe iurv euter.aius q
-aSonahie DOUBT whether or not the de-
sndant acte5 in iust'fabla seIf-defe~
s. T1 iur7 in these Instructions they
7oU'd End The defendant not euiltv.
II unnn n co0sfdera ton ~ 8ll the ev-
ancs I'm the case. the 5ury eutertairs
reasonable doubt as 10 any essential
Teu ~ the crime charged. tba d.
r.rrrf cannot rs fe-r~7 r-tsftr- -r sr-.H