The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1902-03-22

before you were empannelled in this case
to influence your verdict in the least, but
you are to render your verdict from the
evidence given by the witnesses and by
that alone"
The charge here defines tho several
degrees Of murder and gives humber
of rules common 10 all murder cases ara
proceedings in the case. The State relies
entirely upon circumstantial evidence to
establish a fact that a crime has been
committed; and In order to establish the
guilt of prisoner 1t she'll fully appear
that crime has been c01nfpltted ana
been con United by him.
Every material circumstance relleo
upon by the State as proof of guilt OF
the prisoner must be proven beyond
reasonable doubt and the circumstances
so proven must not only be consistent
with his guilt, but must be inconsistent
with his innocence, and If there is any
reasonable hypothesis consistent with
the innocence Of the prisoner the jury
should give him the benefit of the DOUBT
and render verdict of not guilty.
'If you shall find from the evidence In
this case beyond reasonable doubt That
the prisoner formed the preconceived
and fixed purpose in his mind of taking
the life of Ella NJ. Cropsey, the deceas-
ed, and in pursuance of such preconcelN-
ed and fixed purpose, did wilfully with
deliberation and reconciliation, carry out
the preconceived and fixed purpose so
formed in his mind by taking the life
of the deceased then he would be Guilty
of murder IN the first degree, and you
should so render your verdict.
ut is not necessary tina: the purpose
and design to kill must exist for any
particular length of time, but it must
have existed before the killing, and If
the prisoner formed fixed and deliber-
ate purpose in his mind to take the life
of the deceased and in pursuance of such
fixed deliberate purpose, did in mo-
ment after forming such fixed and de-
liberate purpose. take the life of the de-
ceased Ella M. Cropsey, this would con-
stitute willful killing with deliberation
and generalization.
eff you are not satisfied beyond a
doubt that the prisoner is guilty of muir
der in the first degree, you will proceed
to determine whether or not he is guilty
vi II uIueI III luG SCtOutl 0C$lCC'
IF you find from the evidence beyond
reasonable doubt that the prisoner
took the life of the deceased with malice
aforethought, that is, he Intentionally
and without just cause or excuse slew
the, deceased, then he would he guilty
Of murder in the second degree, and you
shall so render your verdict, but if you
are not satisfied he would not be guilty,
you should so render your verdict.
IF the jury should find from the evil
dence beyond reasonable doubt that
the prisoner called the deceased out of
the room and then struck her with some
instrument, that was reasonably calcu-
lated to produce death, and did produce
her death, the law would presume NAL
| ice and the prisoner would be guilty of
murder in the second degree nothing
else appearing, unless you Shall further
Find that the prisoner took the life Of
the deceased wilfully. with premedita-
tion and deliberation as above explained.
"If the facts you have found in this
case from the evidence have failed. to
satisfy you beyond a reasonable doubt
that the prisoner, James Wilcox, fnten
tionally and without just cause and eX-
cusc- took the life of Ella NJ. CropseY.
then it would be your duty to return
verdict of not guilty"