Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-04-11
CHARGE TO THE JURY.

TO the jury by saying
Gentlemen OF the jury, 1t now be-
comes my duty to give TO you such
instructions upon the law as are neces-
sary to enable you to perform your
duties as jurors and TO define To you
the legal guides by which you are
to be governed In considering the eVi-
dence and reaching your conclusions.
TT has been particularly gratifying
to me To- reali2p that YOU are selected
by the people and by the defendant
AS fair-minded men after the exam
nation OF SS7 talesmen and before the
peremptory challenges allowed by law
had been exhausted.
Let me impress upon YOU the inn
portance of the ISSUE YOU are 10 de-
eide. The life of citizen within the
protection of the law. ii 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
from the couft-of the facts YOU are
the sole Judges.
IA defendant in a criminal action
Is presumed to be innocent until the
contrary he proven. ard In case ~ a
reasonable doubt that his guilt Is not
satisfactorily shown, he Is entitled to
an acqut1al
Let me begin by instructing YOU
upon the gen eral construction OF the
law. The statute OF homicide is dYid-
cd into general divisions, which In
turn are subdlvded as ! Will later
explain. The two chief divisions are
homicide that is criminal and homt-
eide that Is not criminal
Criminal hOmicidcS are murder in
the first degree. murder in the second
degree and granddaughter in the first
and second degrees.
Such homicide, unless eNcusable oT
iustiiable is murder in the first de
gree when committed from delibera-
tion and reconciliation with a design
to effect the death of the person killed,
III ii Is committed without premcdita-
ton or elaboration, but with a design
to kill. II is murder in the second de-
gree IF the homicide is com mitted
In the heat OF passion, without design
to kill. hut with a dangerous weapon,
It would be granddaughter in the frs;
degree, All lesser criminal homcldes
are classed as mansiaughter In the
second degree
Homicide which is not criminal is
ciassed as iustiiiabie or eNcusable-
Homicide Is 1ustifable when commit
ted in the lawful defense of the slayer,
or his Wife. or his child. brother. sis
ter, master or servant, or other person.
when there Is reasonable ground 10
spprehead that crime Is about 10
he committed against such person and
there is imminent danger OF the de-
Sign being carried OUT.
Homicide ~ eNcu sable when by
accident or misfortune II Is committed
In lawfully correcting Child or do
ing some other lawful act IN lawful
way,
Homicide is also eScusable In in.
sanity. The law Is contained in sec
tons 20 and ~ OF Ehe penal code
Section 20 says sn act done by an i'm
beetle. idiOt. lunatic or insane person
is not a crime. This language IS ver5
broad and would at first glance ap'
pear 10 apply 10 all persons 81 an
sound mind. without regard 10 the
degree Of Insanity
"13ut section : limits section D as
follows "A person Is not eNcusable
from criminal liability Us an IDIOT, inn
beetle lunatIC or insane person eN-
cept upon proof that AT the 1inlo Of
the alleged crmo he WAS
laboring under such a defect Of reason
MS either nu' 10 know the nature on
quality OF the act. or 10 know that
the act was wrong
Before murder In the tirst degree can
be done, distinguished jurlst has said,
II must appear that there WAS SOME act
OF doliberation and premedItatI0n. This
OF necessity Is Tor the comprehension OF
the jury What may be elaboration
md generalization In one man might
fall far short I'm another, Men differ
must depend upon lis own facts. one
.ase may be proved by a long train of
cIrpums tlnces, another by Il few sharp
facts
"And In SILL another case the jury
may fnd IN the acI, Ia the manner IN
which IT was done, the weapon used.
the time and place, the dispOsitIO, OF
the victim. everything necessary 20 sat
sfy them of the presence Of delibeta-
lion ana generalization,
''lf You aIs satisfied that there was q
design TO effoct death, but without de-
liberation and generalization, you may
dnd murder In the second degree, Tho
w. PENDANT may be convicted under this
Indictment Of murder IN the FIRST or |
second degree or granddaughter iu the
first degree.
when IA appears that the defendant |
committed a crime and there IL d rea-
sOnahle doubt OF which degree he Is
guilty, he can be convicted Of the low
PSI only.
'As I haye tried To- impress upon you
iince this trial began, the character OF
.he Victim furnishes neither excuse nor
Justification, The general character OF |
.he Victim In moi the issue and no mat
.er how bad he might have been he was
Untitled 10 the protection or the law.
1.-THE personal aYeuger Of private or
public WRONGS Is not recognized under
The law Every person Us under the
protection Of The law Good Or bad, eS-
Allied or humble. an are alike covered
~ ts shield
'-rhe plea Of not guilty. IL denial of
very material allegation charged