The Marion daily mirror. (Marion, Ohio) 1892-1912, 1907-04-11

decide. The life of citizen with
in the protection Of the law, it is
charged has been taken by the de-
fendant, and the defendant is here
to answer to the law for that.
''You must take the law absolu-
tely from the court--of the facts
you are the sole Judges.
"A defendant in criminal ac-
ton is presumed to be innocent
until the contrary be proven and in
case of reasonable doubt that his
guilt is y not satisfactorily shown,
he is entitled to an acquittal.
"l.ct me begin by instructing
ydm on the general construction of
The law. The statute Of homicide
is divided into general divisions,
which in turn are subdivided, as
will later explain. The two chief
divisions are homicide that is Grim
inal and homicide that is not Grim
inal.
Criminal homicides are murder
in the first degree, murder in the
second degree and manslaughter in
the first and second degrees.
"Such hcmicide, unless excusable
or justifiable, is murder in the
first degree, when committed from
deiberation and generalization,
with design to effect the death
of the person killed. If it is com
nitted withput premeditation or
deiberation, but with design to
kill, it is murder in the second de-
gree. If the homicide is committed
in the heat Of passion, without de-
sign to kill. but with dangerous
weapon, it will be manslaughter in
The first degree. All lesser criminal
homicides are classed as manslaugh-
ter in the second degree.
Homicide which is not criminal
is classed as justifiable or excus-
able. Homicide is justifiable when
committed in the lawful defense
of the slayer, or his wife or child.
brother. sister, master or servant
or other person. when there is rea-
sonable ground to apprehend that a
crime is about to be committed
against such person, and there is
imminent danger nf the design be-
ing carried ou..
Homicide Is cyeusal!e when, by
accident or misioi tune, it is com.
mitted in lawfully correcting q
child or seeing some other lawful
act, in lawful way.
Homicide is also excusable in
insanity. The law is contained in
sections 20 and 81 of the penal
code. Section 20 says an act done
by an imbecile, idiot, lunatic or in.
sane person is not crime. This
language is very broad and would
It first glance, appear to apply tr
all persons of unsound mind
without regard to degree of insan
lity.
But section 81 limits section q
as follows:
"a person is not excusable iron
criminal liability as an idiot, imbe
ellie, lunatic or insane person ex
cept on proof at the time of com
mitting the alleged crime he wa:
aboring under such defect of rea
son as either not to know the ma
tue or quality of the act or tt
know the act was wrong.
"Before murder in the first de
gree can be done, distinguished
jurist has said, 1t must appear tina
there was some act of delibemtioI
md premeditation. This, of neces
sity is for the comprehension o
The jury. What may be delibera
tion and generalization in one maj
might fall short in another. Mel
differ physically and mentally.
"Each case must depend on it
own facts. One ease may be prove,
by long train of circumstances
. another by q few sharp facts. AM
still in another ease, the jury ma
/, find in the act, in the manner i
which it was done. the weapon use
: the time and the place, the disposi
: ton of the victim, everything nee
cssarv to satisfy them of the pres
ence Of deliberation and premed
D tation.
''lf YOU are satisfied that ther
was Il design to effect death, bl
q without deliberation and premedita
u len, you may find murder in th
second degree. The defendant ma
9 be convicted under this indic
y ment of mrrder in the first G
= second degree, or manslaughter
u the first degree.
l "When it appears that the d.
s PENDANT comrQitted crime. an
q there is reasonable doubt OF whic
n iegree he is guilty, he can
o convicted of the lowest only.
"As have tried to impress @
You since this trial began, Il
:. character of the victim furnish,
% neither excuse nor justification
The general character of the vi
" " tim Is no. the issue, and. no matt.
~ how bad he might be, he was e.
!, J, titled to the protection of Il
N law.
. "The personal ayenger of rigf
~ Of Driyate or nuhlic wronns w,