The Leon reporter. (Leon, Iowa) 1887-1930, 1903-04-02

0s AEO
the defendant the benefit Of that doubt
and acqult him.
/ The jury are instructed that the
reasonable doubt which entities an ac.
cused to an acquittal, is doubt OF guilt
reasonably arising from all the evidence
In the case; and, in considering 4, his
case, the jury should not go beyond the
evidence TO seek for doubts; nor should
you entertain such doubts as might
arise from mere caprice or groundless
conjecture. a doubt to justify an &C.
quiltal must be a reasonable one, and
must arise from candid and impartial
consideration OF all the evidence In the
lease. 1t should be such a doubt as
would cause a reasonable, prudent, and
considerate man to hesitate and pause
before acting in the graver and more
important affairs of life. Ii after care
ful and impartial consideration of all
the evidence in the case you can say
and feel that you have m abiding con-
vlctlon OF the guilt of the defendant,
and are fully satisfied of the truth of
the charge, then you are satisfied be.
| yond a reasonable doubt.
| The crime charged in the Indictment
is manslaughter, 1t will be proper for
| the court to define that crime us it is
known to our law, and as applied to the
case at bar.
Manslaughter is the unlawful killing
OF human being without malice, ex-
press or implied, and may be either
voluntary, or involuntary.
| Voluntary mans!aughter is q homi.
| eide Intentionally committed under the
influence of passion suddenly arising
from provocation or adequate cause, anu
which is neither justified nor excused by
| law.
Involuntary manslaughter is the un-
intentional killing of another, either in
the doing of an unlawful act, not felon-
ious, nor tending to great bodily harm,
or in the doing of a lawful act without
proper caution or requisite skill.
| Iii the case at bar the state does not
claim, neither would the evidence iusti-
fly a finding that the defendants act,
which it is claimed caused the death of
~. z. Wharton was voluntary man
slaughter. You are therefore limited TO
| determining from tie evidence whether
said act WAS or was not Involuntary
manslaughter.
Any act, voluntarily and unnecessarl.
ly committed, which joepaldizes the life
of another, is unlawful. The law, IN its
solicitous regard for human life, con-
siders as unlawful all acts which endang-
er the lives Of others, when not justified
by the occasion; no matter how limo.
Gently they may be performed and
hence will not permit a person to DO an
act imperiling the life of another, ana
then, on the plea of accident, escape
liability for a homicide of which his
reckless conduct was the occasional
though involuntary cause.
Especially in the use of firearms is the
person handling them, or using them
among others, under suchscircumstances
as that life may be endangered, held to
q strict accountability. Human life is
not to be thus sported with by the use
of firearms, even though the person
using them may have good reason to
believe that the weapon used is not
loaded, or that, being loaned, it will do
no injury. When persons indulge in
ssuch reckless sport, they should be held
liable for the consequences of their acts
Thus, to present 10 another loaded
revolver, even without intention of fir
ing it, or OF harming anyone, is unlaw-
ful; and If in doing so such weapon is
oASCA"t sou, OisACi pun pOoely VI CARELESS
ly, and death to another results, it is
manslaughter.
In the case at bar if you find defend
ant, l.. z. Detrick, had in his possession
a revolver, which he was Hourishing or
handling in the immediate presence of,
and in close proximity to the deceased
j. z. Wharton and others; and if YOU
find that after this the defendant load.
ed said revolver, placed it in his pocket,
and subsequently drew it and pointed it
at or In the direction Of deceased; and
il you further find that thereupon the
defendant, either purposely.or careless
/ ly, discharged said revolver, and that
death resulted to the said j. P. Whar-
ton, the defendants act would be man
slaughter. And this would be true,
even if you should find that if defend
ant purposely fired he nevertheless did
not intend to hurt or kill the said
Wharton. And it would also be true
even if defendant did not intend to dis
charge said revolver at all, but did so
carelessly and recklessly.
Evidence has been introduced before
you touching the character of the de-
fendant as being a paaceable, quiet, and
linofensive citizen.
You are instructed that you may con.
slider such evidence upon the general
issue of the defendants guilt or inno-
cence.
The jury are instructed that they are
the sole judges Of the credihility of the
witnesses, and the weight of their testi-
mony.
In determining their credibility you
have right to take into consideratlon
their appearance on the stand and man
ner Of ,estifying; their candor, fairness,
intelligence, knowledge, interest, rela.
tionshlp, temper, feeling, bias, or pre-
.Ijudice, and to give to each witness such
credit as in your judgment he has shown
| himself entitled to receive