The Montgomery advertiser., 1901-07-18

the Circuit Court of Greene. l. Homicide; admissibility of evil dence of threats-On trial under an indictment for murder. where the evil dence is in conflict as to whether the defendant shot the deceased in self defense, previous threats of personal violence made by the deceased against the defendant short time before the killing and which were brought to the | latters knowledge, may be shown in evidencel
 9. Same; same: facts of former diff fculty inadmissible.-On a trial under an indictment for murder, where there is evidence for the defendant tending to show that the fatal blow was struck in seif-defense, and there was testi-
 mony introduced tending to show that few days before the killing the de- ceased said to the defendant that he
 intended to kill him, it is not competent for defendant to further prove that at the time the deceased made said threat he had a knife open in his hand and was walking towards the defendant in threatening manner. (Sharp and Dowdell, J. dissenting.) 8. Same; res gestae; admissibility of evidence.-On trial under an indict- I ment for murder, what the defendant stated to friends about the circum- stances of a previous difficulty he had with the deceased and statements made by him after the killing of the | deceased. to the effect that the latter attacked him before he fired the fatal shot, constitute no part of the res | gestae of the occurrence referred to and
 are inadmissible in evidence.
 L 4. Same; charge to .1I jury.-On a | trial under an indictment for murder,
 where the evidence shows that the de-
 fendant shot the deceased with a gun,
 from the effect of which wound the de- ceased died, charge is free from error
 which lnstructs the jury that If the l deceased died from the effects of a
 wound inflicted by gun in the hands | of the defendant, and such wound was
 intentionally inflicted, in pursuance of
 a previously formed design to take life, | he would be guilty of murder" 5. Same; same.-On trial under an | indictment for murder, where the de- | fendant sets up self defense, 1t Is not reversible error to give at the request | of the State charge which instructs | the jury that s"before the jury can &C., quit the defendant on the grounds of self-defense three essential clements | must occur: First, the defendant must be without fault in bringing on the
 
 the consequences in this respect of any
 wrongful act or words; second, there
 must have existed at the time either really or apparently as to lead a reasonable mind to the belief that 1t actually existed, a present imperious, impending necessity to shoot in order to save himself from great bodily
 harm; third, and there must have been | no other reasonable mode of escape by retreat or by avoiding the combat with safety" the misleading tendency of the charge not being available to require a | reversal.
 6. Same: charge as to presumption | of malice in use of deadly weapon-On
 trial under an indictment for murder, charge Is free from error which in- structs the jury that "in cases of homi- eide the law presumes malice from the use of a deadly weapon and casts on | the defendant the onus of repelling the presumption unless the evidence prov | ing the killing shows also that it was | perpetrated without malice, and when ever malice is unrebutted by the cir cumstances of the killing, or by other facts in evidence, there can be no con-
 viction for any less degree of homicide | than murder"
 2. Same; same.-In such a case, a CudlSe dSSeTlS d cOTTecI proposition or | law which instructs the jury that If the defendant in Greene County and | before the finding of this indictment | purposely killed the deceased Sandy
 Walker by shooting him with a gun with wickedness or depravity of heart towards the deceased, and the | killing was determined on before hand and after reflection (for however
 short time before the fatal shooting
 was done is immateriaD the defendant
 Is guilty of murder"
 8. Same; charge as to self-defense- On trial under an indictment for | murder, where the defendant claimed
 to have acted in self-defense, a charge
 Is erroneous and properly refused at the request of the defendant which in- structs the jusW that If the jury are
 not satisfied from the evidence in this case, beyond a reasonable doubt that the defendant did not act in self defense when he shot" the deceased the jury must acquit the defendant;
 such charge pretermttting a considera- ton by the jury as to the defendants
 freedom from fault in bringing on the
 fatal difficulty and the other ingre-
 dients of self-defense.
 g. Same; charge to the jury-On a
 trial under an indictment for murder,
 where the evidence for the State tended
 to show that at the time of the killing
 the deceased was standing in his
 door way and the evidence for the
 defendant tended fo show that the time