The Cairo bulletin., 1907-07-19

avail hlmself of the law e self d.
tense
c2--Xon are Instructed that ri
thoueh you may believe from the eyi
dence the said Doud was not iustltle
in making snch arrest either from the
cause therefor or in the manner stli
| II You fur her believe beyond reA-
sonable doubt that the defendant
struck the FIRST blow and was hc as
eaiant, then in such case the defend
ant can not avail himself of the plea
OF self defense and be acquitted o.
the gro nd theref
Part of Instructions For Defense.
21.-That under the evidence in This
case the defendant, Marvin Boren, JUS
before and at the time that oh was
sought to be arrested by the police
officer Patrick Doud was within the
peace of the people and was entitled
to the benefit and protection OF the
law OF the state Of Illinois.
2i--Where an officer is seeking -
arrest pers for misdemeanor
deadly weapon. such as a club, for
the purpose Of making tho arrest, but
before he will be justified in rsng
such deadly weapon upon the person
or the person sought To he arrested II
must appear from the evidence hat
he was assaulted by the pers n sought
TO he arrested in such way as 10 in.
duce in him a reasonable and well
grounded belief that he was actually
in danger of being killed or Of re-
ceiving great bodily harm at the
hands of the person sought to be ar
rested for such misdemeanor ana that
he honestly and in good faith acted In
his apparently necessary self refense
25-Even in he case of an attempt
to arrest a person charged with a
felony if the officer seeking to arres.
him has no legal process authorizing
his arrest he must use all reasonable
efforts TO take the accused without
success. and it must also appear hat
from all probability there was no
prospect of being able 10 prevent in
Jury 10 such officer at the hands of
the person sought to be arrested and
the consequent escape Of such ae
cused person, before such officer will
he justified either In taking the life
Of the person sought TO be arrested or
upon his person great hodily
harm by the use of a deadly weapon.
2G-That under the law OF this state
Patrick Doud. the police officer who
it il claimed was killed by the de
PENDANT, Marvin Boren, had the right
to require any number OF male per.
sons above the age of Is years to aid
him In afyesting Marvin Boren, the
defendant, and the law REQUIRED hin
10 do this before he would be justified
in resor ing to the use of a deadly
weapon upon the person OF the sai'
defendant Marvin Boren; even when
ii is sought TO arrest person chargef
with felony, it is made the duty Of an
officer who has no legal process al.
thorizing the arrest of such person, t.
use all reasonable means without sue
cess, and 1t must also appear that
from all probability there was nc
of being able to prevent in
Jury to such officer from the resist
ence made by such person to such Of
fcer and that such person will con
sequently escape. before such officer
will be justified in inhicting grea
bodily harm upon him by striking hin
with deadly weapon.
27--That an assault and battery By
one person upon another with his
naked fist will not Justify the other
person in the use of a deadly weapon
upon the person of the man making
the first assault with his first.
2S-That if, after considering all u
he evidence in This case you have
4 reasonable doubt upon your minds
with reference to whether or not the |
deceased. Patrick Doud, struck the de |
'endant. Marvin Boren, with police |
mans billy or club before the said |
Marvin Boren made any assault upon |
he said Patrick Doud. and with refer |
nee 10 whether or not the said de |
endant. Marvin Boren. was justified |
n taking the life of the said polio |
,fficer. Patrick Doud. in his necessary |
" apparently necessary self defense |
,ither to prevent the said police off |
.er killing him. the said Marvin 30 |
en-. or innicting upon him great bod
~ harm. then and in rch case yor
should give 'he defendant Marvir
}oren, the benefit Of such reasonable
,oubt and find him not guilty.
29-That under the evidence in
his case the alleged crime for which
he police officer. Patrick D-ud. was
eeklng TO arrest the defendant. MAJ
lin Bo,on. wa not felony, but ms
lemeanOT.
3O.-Tbat if you believe from the
violence in this case that the police
nicer, Patrick Doud, attempted to ar
rest the defendant Marvin Boren
without having any legal writ or pro
ess auf horizing his arrest. for q mere
nisdemeanor alleged 10 have been
committed by said defendant. Marvin
loren and that the said police officer