The Leon reporter. (Leon, Iowa) 1887-1930, 1904-06-02
Instructions to the Jury.
GENTLEMEN OF THE JURY:

0ENlLEhEN OF THE JURY:
The state asks the conviction of the
defendent John Hayden upon the charge
of murder in the first degree, the in
dictment alleging:
The Grand Jury Of the County of
Decatur, in the name of the authority of
the State of Iowa, accuse John HAYDEN of
the crime OF murder in the first degree,
committed as follows:
The said John Hayden, on or about the
9Th day of January, in the year of our
Lord One Thousand Nine Hundred and
-Four, in the county and state aforesaid,
did wilfully, unlawfully, feloniously, de-
liberately, premeditatedly and by lying
in wait, and of his malice -aforethought,
commit an assault upon the body and
person of one W. e. Bracewell then
and being, with deadly weapon,
to-wit, a revolver, then and there
held in the hands Of the said John
Hayden, loaded and charged with pow
der and bullets, and then and there the
said John Hayden did, by lying in wait,
with the specific intent to kill and muir
unlawfully, feloniously, deliberately,
premeditatedly, and Of his malice
aforethought, shoot Off and discharge the
contents Of said deadly weapon at,
against, into and through the body Of
the said W. E. Bracewell, thereby will
fully, unlawfully, feloniously, deliber-
ately, premitately and of his malice
aforethought, intlicting upon the body
of the said W.. e. Bracewell mortal
wound, of which mortal wound the said
w. e. Bracewell then and there did die,
contrary to law.
10 this charge and Indictment the de-
PENDANT, John Hayden, has entered his
plea of not guilty.
l. The court instructs the jury that
before you can convict the defendant of
the crime charged Tor any lesser crime
included thereby the state must show
and prove, beyond a reasonable doubt,
that the defendant did, at and within
the county Of Decatur and state of Iowa
prior to the finding of the Indictment in
this case, which was on the Goth day of
March, A. d., 1904, commit the crime of
murder in the first degree Tor any lesser
crime included thereby as charged in
said Indictment.
2. The court instructs the jury that
it is incumbent upon the state to prove
every material allegation of the indict-
ment as therein charged. The law raises
no presumption against the defendant
and nothing is to be taken by implica-
ton against him. He is presumed in
nocent of the crime with which he is
charged until proven guilty beyond
reasonable doubt; and in order to con-
vict him of the crime charged in the in
dictment Tor any lesser degree included
therein) every material fact necessary
to constitute such crime must be proven
beyond a reasonable doubt; and should
you entertain reasonable doubt upon
any single fact or element necessary to
constitute the crime, it is your duty to
give the defendant the benefit of that
doubt and acquit him.
3. 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
the case, the jury should not go beyond
the evidence to seek for doubts, nor
might arise from mere caprice or
groundless conjecture. A doubt to just
ify an acquittal must be a reasonable
one and must arise from candid and
impartial consideration Of all the evil
dence in the case. 1t should be such
doubt as would cause reasonable and
prudent man to hesitate and pause be-
fore acting on the graver and more i'm
portant affairs of life.
II, after careful and impartial con-
sideration Of all the evidence in the case
you can say and feel that you have an
abiding conviction of the guilt of the
defendant and are fully satisfied Of the
truth of the charge, then you are salts
fed beyond reasonable doubt.
A. The crime charged in the indict-
ment against the defendant is murder. 1t
will therefore be necessary for the
court to define that crime as it is known
to our law.
Whoever kills human being with
malice aforethought, either expressed
or implied, is guilty Of murder.
Malice aforethought is necessary
ingredient in the crime of murder,
either OF the first or second degree, and