The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-11-02
reasonable hypothesis other than that the
defendant is guilty, is entitled TO the
same weight as dirct testimony.
orirna Facie Evidence,

s.a@l=4a dS1C GVlOCl1SSs
The court further instructs the jury
that a mortal wound. given with dead
ly weapon, III the previous possession Of
the slayer. without any provocation, or
ecen with slight provocation, is pri1nn
facio wiful, deliberate and premeditated
killing, and throws upon the prisoner the
necessity Of showing extcnuating circum-.
stances.
The court further instructs the jury that
to constitute wilful, deliberate and pre-
lneditated killing, it is not necessary the
intention to kill should exist any par
ticular length OF time prior to the actual
killing Ii Is only necessary that such
Intention should come into existence for
the first time ut the time OF killing, Or
any time previously.
The court further lnstructs the jury
that the rule Of law Is that man shall
be taken to intend that which he does
or which Is the necessary consequence
of his itct.
The court instructs the jury, as a matter
of law, that in considering the case
the jury arc not TO go beyond tho evil
dence to hunt up doubts, nor must they
entertain such doubts as are merely
chmcrcal or conjectural. "A doubt to JUS
tify an acnuittal, must be reasonable
doubt and II must arise from Il candid
and impartial investigation Of all tho
evidence in the case: and unless 1t Is 81 ch
| that the same kind OF doubt in the re-
| posed. IN tho gravcr transaction Of life,
| it would cause a reasonable and prudent
man to hesitate and pause 1t Is INSULT
| cient to authorize q verdict Of not guilty.
| IL after considering all tho evidence YOU
can say that you have an abiding con-
viction of the truth Of the charge, you
are satisfied beyond a reasonable doubt
on the other hand, the jury must not
| ha to n
encos Of guilt,
Degrees Of Murder.
The court instructs the jury that who
| ever kills a human being with malice
! aforethought Is guilty of murder: that a
| murder which is pcrpetratcd by n person
! lying IN wait or any other kind OF wilful,
| deliberate and premeditated killing is
| murder In the first degree.
| The court instructs the jury that on q
| charge Of murder. malice Is presumed
| from the fact OF killing. When the kill
Sing IS proved and is unaccompanied with
| circumstances of pallation, the burden
| of disprdving malice is thrown upon the
| accused
The court instructs the jury that MUIR
| der Is distinguished by the law OF Viz
| ginia as murder in the first degree and
| murder In the second degree
/ The court further instructs the jury that
(! every homicide in Virginia Is presumed
1 In law 10 be murder In the second degree.
! IN order 10 elevate tho offcnse to murder
!! in the first degree the burden OF PROOF
4 Is upon the Commonwealth. and to reduce
4 the otense 10 manslaughter, the burden
4 Of proof Is uron the prisoner.
! The court further instructs the jury
that whenever The killing Is wilful de-
/ libtrate and premedi'atcd. the law infers
+ malice from this fact.
4 The court instruets the jury that the
| credullity Of witnesses Is u question e4-
! clusIye'y for the jnry, and the law is
| that where a number Of witnesses testify
! directly opposite to each other The jury
1 IL not bound to regard the weight Of the
evidence as equally balanced; the jury
I have the right 10 determine from the
s appearance of the witnesses on the stand,
/ their manner Of teNtifying and their APP
parent candor ana fairness their appar-
ent intelligence or lack Of Intelligence and
from All the other surrounding rircum-
stances appearing on the trial which Wit
nesses are more worthy OF credit ana To-
give eSedt accordingly
The court fprther instructs the jury
| that In determining the weight to be
given the testimony OF different witnessss
IN any case. Inc jury arc authorized TO
consider The reat,onship Of the wltnesses