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

committed IN the preparation or a..
tempt to perpetrate any arson. rare,
robbery, mayhem, or burglary, is MUIR
der the in frst degres.
The state has not introduced evidence
that would warrant it in going to the
jury upon the claim that the defendant
was guilty of murder by lying-in,wait,
and is confined to the other charge, to.
wit: That the defendant did, as alleged,
kill the said w. d. Duff wilfully, DELHI
erately, premeditatedly, and of his NAL.
ice aforethought.
Any kind of wiltul, deliberate, and
premeditated killing, with malice afore-
thought, is murder in the first degree,
and that charged in the Indictment, by
which it is alleged that the defendant
killed the said w. d. Duff wilfully, de.
liberately, premeditatedly, and of his
malice aforethought, is charge of muir.
der in the first degree.
BY the word "wilful" as here used is
meant, simply, intended; and wilful
killing is merely an intended killing.
As applied to the case at bar: If you
find from the evidence that the defend.
ant killed said w. d. Duff, and he did
so Intentionally, having that design and
purpose in his mind at the time when
he did the act, then such killing would
be wilful killing within the meaning Of
the law
j By the word deliberate is meant,
retlected.upon, considered. 1t is not
necessary that it should have been re-
Elected upon or considered for any par
ticular length of time, yet, it should
4 precede the act.
i AS applied to the case at bar: If you
find from the evidence that the defend.
ant killed the said w. D. Duff, and that
such killing was considered and deter.
mined prior to the act, then such killing
would be deliberate killing within the
meaning of the law.
i By the word premeditated'' is meant,
planned, contrived, or schemed. And
as to this requirement no particular
length of time is required. 1t is sufti.
Gent if the act was planned, contrived
or schemed and determined upon prio,
to the act.
u AS applied to the case at bar: If YOU
find from the evidence that the defend.
ant killed said w. D. Duff, and tina,
such killing was planned, contriyed, ol
schemed and determined upon before
the act, then such killing was premedi
tated killing within the meaning Of the
Z law.
If you find that the defendant killed
the said w. D. Duff, and that said kill
ing was wilful, deliberate, and premedi
tated, and of his malice aforethought
as heretofore explained in these in
structions, then the defendant would
he guilty of murder in the first degree
J and you should 80 return.
; If you find the defendant guilty O
! murder in the first degree it will be you
duty to fix his punishment, and desig
! nate such punishment in your verdic!
| which should be either death, or impris
! onment for life, at hard labor, in tn,
state penitentiary, as you may deter
mine.
} The jury are instructed that tn,
charge Of murder in the first degree in
cludes also murder in the second degree
r and manslaughter. It will be necessary
for tho Court 70 doSoo tLo,, o.;.o,, :,
, they are known to our law.
You may find the defendant guilty o
l either Of the crimes so included in tn,
indictment, or you should find the de
: fendsnt not guilty.
, 1t you have any doubt of the Grim,
proven, OF the degree thereof. then yo,
2 should only convict him of that crime
or degree, of which you are abidingl,
: satisfied he is guilty.
If you find the defendant not guilt,
of murder in the first degree, you shoule
> next consider the charge and crime O
, murder in the second degree.
Whosever commits murder as defin
ed in these instructions in any othe
Il
manner than as described in these in
structions as constituting murder in the
first degree, is guilty of murder in Tho
second degree.
Malice is an essential ingredient O
murder in the second degree. To con
stitute murder in the first degree the
killing must be wlful, deliberate anG
premeditated; all these must concur te
constitute that crime. But In the
murder of the second degree some o.
these elements may be absent
i 1t need not be wilful; that is, the
specific intent to kill need,not be shown
And elaboration and premeditatior
are not required.
Any killing, with malice aforethougb,
either express or implied other thar
murder in the first degree, constitutes