The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-10-20

thing. that the aFirmat
entitled 10 more weigh. .-
tive.
Vow. the state say,
not 30 End THIS burden
cause, they say, ta.
there was some iem0a-'Ea
he killed this maa ae.
n any apprrhens3ou ~ s
because Is The blow N
charges you that win.
the presumption ot
believe that >acH toH
you 10 ind h.n Ht
charge u in4Hief H
;hc count etarSes N"- t.
ing that ttoN if' s
hlm from kh.aG
p~resuWptsh q mas.
ATTRIBUTED the kitinE r. '
but 10 The eNeitcms'i .a.
passion that vas ateH-". .
Now. Il from thr e
satlShed am yen ttNFM
was done from anger "
by the hlo" ana aot fErr ..
sion that the deceased $685..
the defendant. or was ta.E
the defendant had rcgs
think ne Wa> d"inS N.tH 's
would DC eA1ty ~ ia@t>A
Now, there are some
here that the deituiaDt Hue
make, 4 great many ~ '.a"
them | VIII give "Ea others
give. Those that | 3a E"t -
and don | read 70 tie tnfs. a.#..
The Jury cannot he A,"
10 or b. any person loF t.s
Torrance or their duty. Nae
who would eudcavpr 90 .a.-
juror or 10 hold Aim avs'Au'.a.. ##
conduct as a juror d Hlm~st s
high CRIME and j. !-uul-H.... ...
So you viii consider TINS ...
regard to what ony person or pens.
think or say OF your verdict. Ash #
should act With the knoW.u5a. .#..
only can you bc held accountable #
proper verdict You may render. .
the law VIII protect You and r4#..
| person who shall cndcayor To ma.
or 10 hold YOU accountable tur rr..
duct as jurors. In di~aharrns ses.
as jurors, YOU should rcmcmher TIE
you were required TO take. the ss
in the case. the law as lall down ....
by the court, and from these arrive
verdict, and for that verdict faa
be held to account by any human
That IS the law, gentlemen 4#4
necessary to protect the trial ol ea@
jury.
The state has announced tH#t
the evidence It Will not ASK for ii Eer..r
Of murder in the first degree. tlaE..ar.
tins charge Is eliminated from the -
Il have given you that.
If the jury finds from the ",F...H
that the defendant was assaulted #F liz.
deceased in such a way as TO induce So
defendant a reasonable belief THAT b.
actually in danger OF losing his ata 81.
suffering great BODILY Marin, lhta Dee
eXCusable IN defending himself. #n#1#
the danger was real or only apparent
Actual or positive danger Dis mot s#a-
pensable to Justify sclt-dcten-e. Tho
considers that men, when threatened WITH
danger, are obllged TO Judge iro@ aHEs
ances and determine thereirom a5 90
actual state OF things surrounding i#.#
and, IN such cases, II persons act i'"H
n nonesl eon tkd, IN ia' We [ 10y lsaso
evidence, 'aeS VIII hot ot nee" I%SI""
illiina.s -. : ,n.Sl"H, 90 -
-. ~ - 80
;"
= ,he July 9iidIl HHu li"ht ih@
u'Hce tial nc decc@>co SLiu'h 'N
endant' hearly hhochlne hiAl Gown ."-
lhhieul@leIy SElahb o"'" ABOUT
ieet' ana thch adF'iheed Two itet Tow"
nm win ms lelt haha upon M" nap l"
July VIII ne warranted IN HhHi"E '"a'
oelehdaht was IN real as wen as "P.a...
uaIbel u MS ne OF great poNHt ia'
ana H. under lhese clrcuin.'aAe'7
drew hl3 plstoI ana klied the dgeea#"'
iore ne eouid diaW ms PE@'"'' A1
JGntIicd ~ - doll8 ana must @
qullttd.
III the jury shall find mat ia"
ono shot Was hrcd lHnnc i.atciy after 5
hrst, or that when the second One
lred the deceased sun had ms mana
IlS mp POCKET ana the defendant i'
aDly apPrehended mat ne Wa0. aho-'
oIaW MS pistol and shoot him, ana aH''
upon inns apprehension, ne shot ih"
ono shot, and the said shot killed ~"
deceased, the defendant WAS j|Efte4 Is
50 dong
Not justified but ..cxcu-ablC w a#
doing,
In considering whether ..thc de.an#
ant was acting in scIfGcfcngc. vua m..