The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-13

the defendant
If motive is shown to exist, it is a
circumstance to be considered by the
jury, with all other circumstances, in de-
termining the guilt or innocence of the
defendant. Proof of motive alone, no
| matter how strong, is not sufficient to
| justify the conviction of the defendant,
but it is a circumstance bearing upon his
guilt or innocence. The want or absence
of any motive for the commission of the
offense charged, is regarded in law as
circumstance favoring the innocence Of
the accused person. Whether any motive
on the part of the defendant to commit
the crime charged against him is proved
in this case is a question solely for the
jury to determine from the evidence in
| the case.
| Points in the Testimony.
Judge Cray then enumerated the
points in the testimony in the case, first
those tending to indicate the guilt Of
the defendant; then those tending to in
dictate his innocence. 81 have no views
to express as to what is proved and
what is not he added. Then he con-
tinued:
The killing of human being, unless
it'is excusable or justifable, is murder in
the first degree when perpetrated with
a premeditated design to effect the death
of the person killed. or another. i.
To constitute murder in the first degree
there must have been premeditated de-
sign on the part of the person accused
to effect the death of the person killed
or Of another. This means that there
must have been a prior intention to do
| the act in question. 1t is not necessary,
however that this intention should have
been conceived for any particular period
of time before the doing of the act re-
sultfng in the death.
2 1t is not reconciliation if the act is
l the incident of a mania or of a sudden
paroxysm Of passion, such as suspends
the intellectual powers, but If there is
, evidence that a deadly weapon likely to
a take the life is inteligently and malicious
, ly used, or If there is evidence that
shows a harbored design against the life
=, of another, this is all evidence of pre-
$ meditated design. which the jury should
consider, even tho such design or inten-
ton was not conceived for any particular
period of time before the act which re-
suited in taking the life.
, First Degree or None.
If you find from the evidence beyond
a reasonable doubt that at the time and
place as alleged in the indictment the de-
| fendant George r. Koch, killed Louis
> A. Gebhardt with the premeditated de-
sign to effect the death of said Louis A.
Gebhardt, in manner and form as charged
in the Indictment, and If you so find that
such killing was not excusable or justii-
: able under the law as l have charged you.
L then you should find the defendant
5 George R. Koch, guilty of murder in the
first degree as charged in the indictment
If you do not find from the evidence
beyond a reasonable doubt that at the
{ time and place as alleged in the indict'
II ment, the defendant, George R. Koch
e killed Louis A. Gebherdt with the pre-
meditated design to effect the death Of
> said Louis A. Gebhardt. in manner and
: form as charged in the indictment, OF
If you do not find that such killing was
u not excusable or justifiable under the Law
q as 1 have charged you. then you should
" find the defendant, George R. Koch, moi
. guilty
The matter Of penalty, Of infections o.
/ punishment are matters which under ths
u law rests entirely with the court. ant
y with which you have nothing to do. Wher
e you have determined the question Of the
o guilt or innocence Of the defendant yor
Y. will have done your whole duty.