The Montgomery advertiser., 1907-04-11

gerald began his charge to the jury by saying: l
 Gentlemen of the jury. 1t now be- comes my duty to give to you such in- structions on the law as are neces- sary to enable you to perform your du- ties as jurors and to define to you -the legal guides by which you are to be governed in considering the evil dence and reaching your conclusions.
 "It has been particularly gratifying to me to realize that you were selec- ted by the people and by the defen- dant as fair minded men after the ex- animation of 337 talesmen and before the peremptory challenges allowed by law had been exhausted.
 Let me impress on you the impor- tance of the issue you are to decide. The life of citizen within the pro- lection of the law, it Is charged, has been taken. by the defendant and the defendant is here to answer to the law for that.
 You must take the law absolutely the, sole judges.
 "A defendant in q criminal action is presumed to be innocent until the contrary be proven, and in case of a reasonable doubt that his guilt is not satisfactorily shown he is entitled to an acquittal.
 Let me begin by instructing you on the general construction of the law. The statute of homicide is divided in- to general divisions which in turn are sub divided, as I will later ex- y1a rh~ kxrA t.f y;at4 homicide that Is criminal, and homi- eide that Is not criminal.
 Criminal homicides are murder in the first degree, murder in the second degree and manslaughter in tho first and second degrees.
 Such homicide, unless excusable or iustifiable, is murder in the first de- gree when committed from delibera- tion and reconciliation with a design to effect the death of the person kill- ed. If 1t is committed without pre- meditation or deliberation, but with a design to kill. 1t Is murder in the second degree. If the homicide is com mitted in the heat of passion. without design to kill, but with a dangerous weapon, 1t would be manslaughter in the first degree. All lesser criminal homicides are classed as granddaughter in the second degree.
 "Honicfde which Is not criminal is classed as Justifiabie or excusable. Homicide is justinabie when commit ted in the lawful defense of the slay- CT or his wife or child. brother. sister. master or servant, or other person. when there Is reasonable ground to apprehend that a crime Is about to be committed against such pel son and there is imminent danger of the de- sign being carried out.
 "Homicide' Is excusable when by &C., cident or misfortune 1t Is committed in lawfully correcting girl or doing some other lawful act in lawful way.
 Homicide is also excusable in insan- ity. The law Is contained in Sections 20 and 21 of the penal code. Section 20 says an act done by an imbecile. idiot. lunatic or insane person Is not crime.
 This language is very broad and would at first glance appear to apply to all persons of unsound mind with out regard to degree of insanity.
 But Section 21 limits Section 20 as follows:
 "A person is not excusable from criminal liability as an idiot, imbecile, lunattc or insane person except on proof that at the time of committing the al- legged crime he was laboring under such defect of reason as either not to know that nature or quality of the act or to know that the act was wrong
 Before murder in the first degree can be done, a distinguished jurist has said, 1t must appear that there was some act of deliberation and premedita- tion. This of necessity is for the com prehension of the jury What may be and reconciliation in one man might fall far short in another Men differ physically and mentally. Each case must depend on its facts, one case may be proven by a long train of another by a few sharp facts.
 And in still another case the jury may find in the act. in the manner iR which 1t was done. the weapon used. the time and the place, the disposition of the victim. everything necessary to them of the presence of the de- liberation and reconciliation.
 'Tf you are satisfied that there was a design to effect death. but without de- liberation and reconciliation. you may find murder in the second degree. The defendant may be convicted under this of murder in the first or second degree or manslaughter in the first degree.
 When it appears that the defendant committed a crime and there is req sonable doubt of which degree he Is guilty, he can be convicted of the low est only
 "As I have tried to impress on you since this trial began. the character of the victim furnishes
 "As I have tried to impress on you since this trial began, the character of the victim furnishes neither excuse nor The general character of the victim is not the Issue and no mat ter how bad he might have been. he was entitled to the protection of the law.
 "The personal avenger of private or public wrongs is not recognized under the law. Every person is under the protection of the law. Good or bad exalted or humble. all are alike covered by its shield.
 The plea of not guilty is denial of every material allegation charged against the defendant. and such evi- dence may be presented as will offset these allegations and establish his in- sanity at the time of the commission of the act. The law presumes that san ity is the normal condition of man. and where insanity Is the plea as the the time of the act. that becomes the crucial question for the jury Q decide
 If there existed in the mind of the an insane Illusion, 1t is not an excuse unless the illusion Is of such 8 character that if through it. would result in his injury. Proof of partial or incipient insanity is not sufficient as an excuse. The settled Jaw of tho State Is that so long ns that power tn appreciate the nature and quality of the act Is present, no man must commit crime. If he would escape the conss- Quences.