The Leon reporter. (Leon, Iowa) 1887-1930, 1905-01-26
INSTRUCTIONS TO THE JURY
The Following Instructions Were Given the Jury
by Judge Evans in the Woodard Murder Trial.

red, threats and the like.
Implied malice means that which may
be inferred or presumed from the acts
and facts proved. Thus, when wanton,
wicked, cruel OF revengeful act is
shown, the inference or implication may
be drawn that the person who did such
an act was actuated by malice.
The word "aforethought" used in con-
nection with the word malice, in our
law means, simply, thought-out or con-
ceived beforehand. 1t indicates pur-
pose and design.
But is not necessary that such malice
should have existed for any considera-'
BILE length of time to constitute malice
aforethought within the meaning Of the
law. 1t is sufficient if it exists for any
length of time before the commission of
the act.
! By the word "wilful', as here used, is
meant, simply, intended: and a wilful
killing is merely an intended killing.
By the word deliberate" is meant re-
Elected upon, considered. 1t is not nee
cessary that it should have been re-
flected upon or considered for any par
ticular length of time, yet it should pre-
cede the act.
By the word "premeditated' is meant
planned, contrived, or schemed, and, as
to this requirement, no particular
length of time is required. 1t is suffi-
, cient if the act was planned, contrived
or schemed and determined upon prior
to the act.
! If you find and determine from the
evidence that the defendant, Charles
Woodland, did, on the 18th day Of Dec
ember, 1908, kill Eliza j. Woodland, a
human being, in Decatur county, Iowa,
as charged in the indictment, wilfully,
deliberately, premeditatedly, with NAL
ice aforethought, either express or i'm
! piled, as heretofore explained in these
instructions, he is guilty of murder in
the first degree.
If you find the defendant guilty of
! murder in the first degree, as before
stated, it will be your duty to fix and
determine his punishment, which must
be either death or Imprisonment for life,
in the state penitentiary.
And your discretion is absolute upon
! that matter. There is no law which de-
!, termines or advises you when and under
| ,hot ~ &or
Z it would be proper for you to inflict the
one or the other. That must be deter
: mined by you under your oaths as jurors
and in accordance with the solemn die
, tates of your conscience in the deter
| mination of your duty.
In the case at bar, the Indictment
: charges the defendant with having com.
7 mitted the crime of murder by killing
, Eliza j. Woodland by means of poison
l Such charge is charge of murder ir
l the first degree, and, if established
} against the defendant, the state is en-
) titled to verdict of murder in the first
t degree at your hands. And, in this
case, no other class of murder is charg
3 ed and no other will be considered by
: you, Under the evidence submitted ne
{ lesser degree of murder or of othel
, felonious killing is involved and it viii
: be your duty to consider no other. 70,
: should, therefore, return either yer
!, dict of murder in the first degree
$ against the defendant or you SHOULD
r acquit him. Unless you find all the ele
: ments necessary under our law to con
e stitute murder in the first degree hav'
d been established by the evidence in thi
i case against the defendant, beyond
a reasonable doubt, you should find thu
! defendant not guilty.
g 1t is alleged in the indictment tina
L the defendant killed and murdered tn
said ElizaJ. Woodland by means OF tn
/ poison known as strychnine. Any dru.
e or substances which, il taken by
g human being, will cause death, is
6 I.poison within the meaning of the law
e Ifyou find strychnine to be such dru,
3 or substance, you will be justified il
finding such drug or substances poison
! And if, in the case at bar, you find tn
n defendant, in manner and form as charg
e ed in the Indictment, killed and murder
It ed the said Eliza ]. Woodland by givin
to her or administering to her strych
h nine, you should return a verdict c
n guilty against the defendant of murde
iu the first degree.
y Where such killing is accomplished b
= means of a dangerous and deadly poison
m such as will cause death when admins
3 tered and the same is unlawfully ad
ministered, and il it is not shown t
r, have been administered with an limo
L cent or good intention, the presumptio
is will be that the killing was Intentions
L and voluntary and with malice afore
n thought. Murder when perpetrated b
r means of poison, knowingly and felor
n 4 Il = = IN