The Leon reporter. (Leon, Iowa) 1887-1930, 1902-11-20

degree Tor any lesser crime included
therein) as charged in said indictment.
The court instructs the jury that it is
incumbent upon the state to prove
every material allegation of the indict.
ment as therein charged. The law
raises no presumption against the de-
PENDANT, and nothing is to be taken by
implication against him. He is pre-
sumed innocent of the crime with which
he is charged until proven guilty be-
yond reasonable doubt; and, in order
to convict him Of the crime charged Tor
any lesser crime included therein) every
material fact necessary to constitute
such crime must be proven beyond a
reasonable doubt; and should you en-
terrain reasonable doubt upon any
single fact or element necessary to con.
stitute the crime, it is your duty to give
the defendant the benefit of that doubt
and acquit him.
The jury are instructed that the
reasonable doubt which entities an &C.
cused to an acquittal, is doubt Of guilt
reasonably arising from all the evidence
in the case; and, in considering the case,
the jury should not go beyond the evil
dence to seek for doubts; nor should
you entertain such doubts as might
arise from mere caprice or groundless
conjecture. A doubt to justify an ac-
quittal must be reasonable one and
must arise from candid and impartial
consideration of all the evidence in the
case. 1t should be such doubt as
would cause reasonable, prudent and
considerate man to hesitate and pause
before acting in the graver and more
important affairs Of life. If after a
careful and impartial consideration of
all the evidence in the case, you can say
and feel that you have an abiding con-
viction of the guilt of the defendant,
and are fully satisfied of the truth of the
charge, then you are satisfied beyond a
reasonable doubt.
The crime charged in the indictment
against the defendant is murder. 1t will
therefore be necessary for the court to
define that crime as it's known to our
law.
Whoever kills any human being with
malice aforethought, either express or
implied is guilty of murder.
Malice atorethought is necessary in
gredient in the crime OF murder, either
of the first or second degree. and must
be established by the state before you
would be justified in finding the
defendant guilty of murder in either
degree.
BY malice is meant not only anger
hatred and revenge, but any other un.
lawful and unjustifable motive. II is
not confined to ill-will against the in.
dividual, but it is intended to denote an
action flowing from any wicked and
corrupt intent. An act done with 9
wicked mind and attended with such
circumstances as plainly indicate 8
heart regardless of moral and social
duties and fully bent on mischief in
dicates malice within the meaning of the
law.
The word "aforethought" used in con
nection with the word malice, in oul
law means, simply, though-out, or con
ceived beforehand. Itindicates purpose
and design.
But it is not necessary that such
malice should have existed from any
considerable length Of time to consti
tute malice aforethough within the
meaning of the law. 1t is sufficient if il
exists for any length of time before the
commission of the act.
Malice aforethought may be either ex
press or implied.
Express malice means settled pur
pose and design to commit the offense
in question, and must be shown b,
proof of that fact directly, and without
inference. 1t may be proved, as gener
ally understood, by expression o.
hatred, threats, and the like.
Implied malice means that which may
be inferred or presumed from the acts
and facts shown. Thus, when a wanton
wicked, cruel, or revengeful act is
shown, the inference or implication may
be drawn that the person who did such
act was actuated by malice. And when
! one person assaults another with 8
deadly weapon, that is, weapon that
will likely produce death, and death en-.
sues, the law presumes malice from that
fact alone, in the absence of proof
either direct or implied, to the contrary
The selection and use of deadly
weapon, such as shotgun, in deadly
manner, without legal excuse, raises q
presumption, and is evidence of malice
If you find and determine from the
evidence that the defendant, w. H.
Clark, did, on the 9th day of June, 1902
| kill w. ID. Duff. human beinv in Deco