The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1907-09-24

Launch Blows Up and
-Four Men are Drowned


lieve. from all the evidence in the
case. that the prisoner wilfuIly, !
maliciously. deliberately and pre-
meditatedly killed the deceased, they
should find him guilty of murder in
the first degree, although he was in-I
toxicated at the time OF the killing.
20. The Court instructs the jury
that a person who has formed al
wilful, deliberate and premeditated
design to kill another, and in pur-
suance of such design voluntarily
makes himself drunk for the purpose
of nerving his animal courage for
the accomplishment of the design,
and then meets the subject of his
malice. when he is so drunk as not
to be able to deliberate on and pre-
mediate the murder, and, kills the
person, it is murder in the first de-
gree.
"6 The Court instructs the jury
that a man is presumed to intend
what he does or that which is the
immediate or necessary consequence
of his act; and IL the jury believe
that the prisoner, with a deadly
weapon in his possession, without
any, or upon very slight provocatiou,
killed the deceased, the prisoner is
prima facie guilty of wilful, de-
liberate and premeditated killing and
the necessity rests upon him of show
ing extenuating circumstances, anil
unless he proves such extenuating
circumstances of such circumstances
appear from the case as made by the
State, he is guilty of murder in the
first degree. But the jury may take
into consideration the fact whether
at the time the offense was commit
ted the accused was in such condi-
ton by reason of intoxicationto as to
render him incapable of forming the
intent to kill or take life.
az. The Court further instructs
the jury that If you believe from all
the evidence and circumstances that
the defendant prior to and at the
time of the commission of the act,
had formed and entertained a will
full, deliberate and premeditated de-
sign to take the life of the deceased
and that in pursuance of such pur-
pose and design, he maliciously,
wilfully and deliberately shot and
killed the deceased, then you will
find the defendant guilty of murder
in the first degree, although at the
time of the commission of the act he
may have been in state of intoxi-
cation"
Instructions For Defense.
mo. 1. The Court instructs the
jury, as matter of law, that while
1t is a general rule that voluntary
drunkenness does not excuse al
crime perpetrated under its influence
still, upon charge for committing
murder, If drunkenness be proved,
1t may be considered by the jury for
the purpose of determining whether
the accused, at the time of the Of
tense, was capable of forming will
full. deliberate and premeditated de-
sign to take life, and, in this case,
although the jury may believe from
the evidence, beyond a reasonable
doubt, that the defendant killed the
deceased, in manner and form charg-
ed in the Indictment, still. If you
further believe, from the evidence,
that before and at the time the del
fndant fired the fatal shot he was so
deeply intoxicated by spirituous liq-
uors, as to be incapable of forming
in his mind a design, deliberately
and premeditatedly. to do the act,
then such killing under state of in
toxieation. would not be murder il
the first degree.
mo. 2. The Court insructs thel
ury, as "a matter of law. that while
voluntary drunkenness is not of IT.
self complete defense for one who
Is charged with the commission of a
crime, yet evidence that the defend
ant was intoxicated when 1t is alleg-
ed he committed the crime charged
against him, may be considered by
the ury as circumstances tending to
show that the act of the accused was
not premedltated, and is admissible
for such purpose, and for the pur-
pose of ascertainirg and determining
the status and condition of the mind
OF the defendant at that time. The
court further instructs the jury, that
in one sense all intoxlcation is vol
untary intoxication; that is men vol
unfairly drink intoxicants which rem
der them intoxicated.
NO. 8. The Court further In