The Montgomery advertiser., 1906-06-03

Jurors who returned the indictment Is not grounds for cushing thes indict- rnent; and evidence Is properly admit, juror in whose name the mistake oc- cured, was the only person of that name residing in the precinct: And the same doctrine splies to petit jurors; case. Under Section 4sss. persons specially summoned as jurors In capi- tai cases, are not disqualified by reason of having rendered jury service with
 G. HoInicide: manslaughter; passion. "A charge that instructs the jury that to reduce killing from murder to 1nanslaughter, where the passions have been suddenly aroused on sufhcient provocation. the killing must have been done under influence of such pas sion promptly acted on; and if the pas sion had subsided and did not have sway. and venganee and malice were allowed to take the place of passion. whom the act was done which resulted In the killing. and the killing was done such killing would be murder. Is a cor rect statement of the law.
 [. Same: sclf-defense. character of deceased.--The fact that deceased was
 uso4ns siins sa anaan to k an h ad and If. at the time when the fatal shot was fired, the deceased was going away from and making no demonstration to injure defendant. and defendant % s had nS no was about to kill or injure him, the vio- lent character of deceased offered de- fendant no excuse for killing him. and q charge asserting such a proposition
 s. Same: self defense; provoking difficulty-A charge upon self defense which fails to hypothestze defendants S freedom from fault in provoking the dificulty. Is wanting in an essential element of self defense and Is properly
 g. Same: belief as to danger-,h Sefs defendant Ma'Ss Selieved @ H he was in danger when he fired the fatal shot. but Is based only on the surroundings hay ing been apparently dangerous. and the
 tS h. hAyas was in sansar df faulty, and properly refused.
 10. Same: aggression; retreat--A charge on self defense which pretermits is bad and properly refused.
 II. Same; bringing on dimculty-A charge which asserts that If deceased ant did not bring on the difficulty. Is not a correct statement of the law.
 i2. Criminal law; reasonable doubt A charge which asserts that doubt reasonable one, growing out of produce upon the minds of the Jury an abiding conviction of the facts necessary to make out the charge. is correct.
 I3. Same; presumption of innocence "A charge which asserts that the pre- sumption of defendants innocence casts upon the State the burden of proving defendants guilt beyond a reasonable doubt. and. if it is SO proven. the pre- sumption Of innocence can have no CT feet, is a correct statement of the law.
 14. Same; testimony of defendant- charge which asserts that while the law says defendant is a competent wit ness in his own behalf and that the jury should not caprIciously reject his testimony. this does not mean that they should believe 1t, but only that they should consider 1t and give to it such weight as in their best Judgment 1t was entitled to. when considered with the other evidence is a correct state ment of the law.
 Appeal from Jackson Circuit Court
 Heard before Hon. W. W. Haralson.
 Affirmed Opinion by Anderson, J.
 weakley. c. !. Tyson and Simpson. u, concur.