Semi-weekly herald., 1908-05-04

anu innuc INC cuoice Win Iull chancs
. TO choose otherwise, there is sufi
Client deliberation.
s 10. The court instructs you that 4
+ the accused were not reduced to sucl
8 apparent extremity or danger as rea
e sonably appeared to be absoutel,
+ necessary for them to take the life
S of the deceased to save their own OIL
that of either of them, or to prevent
them or either of them from receiy
! Ing great bodily harm. then in such
l case you cannot find that the act was
, done in self defense; and it must also
appear that the circumstances were
! sufficient to excite the fears of a rea.
: sonable person, and that the party
, killing really acted under the influence
, OF those fears and not in a spirit of
revenge.
Il. You are instructed that II you
find from all the evidence beyond a
reasonable doubt that the defendants
Intentionally killed the deceased. and
that Il was not done in necessary self
defense or under circumstances which
Justified or excused the act in law.
you will then inquire whether II was
done maliciously, In order to enable
you to fix the degree of the offense:
and IL you further find that there ex-
lsted in the mind of the defendants
a deliberate intention TO kill the de-
ceased, this constitutes malice afore.
thought, and the crime is murder; or
II you find that there was no consld.
cradle provocation. and that all the
circumstances of the killing show an
abandoned and malignant heart. the
offense Is the same. In determining
these questions you should inquire
what prompted the fatal shot, was II
passion or malice, was II an involun-
tary Impulse, or voluntary act
the defendants act under great ex-
citement, or did they act deliberately?
The situation of the parties and their
attitude with respect to each other
at the time of the killing. are to be
considered with all the facts and cir.
cumstances In evidence in determin.
ing whether the defendants acted
| from malice or passion, and In deter
mining the character OF the offense.
| IL. The burden of the proof Is up
on the people to establish the defend.
ants guilt beyond reasonable doubt
from the evidence, and mere pre-
| ponderance of the evidence is not SUI.
| flcient TO produce conviction IN a
criminal case; every one is presumed
to be innocent until his guilt is made
to appear. and the evidence must he
| Of such character and weight ms TO
| produce In your minds Il conviction
| of guilt of the defendants arising
from any portion thereof you must find
the defendants not guilty.
49, The court instructs you that
manslaughter Is the unlawful killing
OF human being without malice ex-
pressed or implied. either voluntary
upon sudden heat OF passion, or In.
voluntary but in the commission OF
an unlawful act. and ii you find from
the evidence beyond a reasonable
doubt that the defendants did the kill.
ing unlawfully and voluntarily but
in sudden heat or transport OF pas
sion or terror and with malice express
| or implied, then the offense would be
manslaughter and you should SO find
| them guilty.
IA. The court instructs the jury that
| the defendants must be presumed
to be innocent until their guilt is full.
| y established by legal evidence. The
presumption of innocence prevails
throughout the trial and 1t is the duty
of the jury. II possibly, to reconcile
the evidence with this presumption,
| and that before you can convict the
defendants you must be satisfied OF
| their guilt beyond reasonable doubt.
Such doubt 10 authorize an ncquittal
| must be substantial doubt of the de-
feneants' guilt and not mere posi-.
biliiy of the defendants Innocence,
| and you are instructed that reason
able doubt is such doubt as exists
| IN the mind of a reasonable man and
such as would cause him to pause and
consider before acting in the grave
and most important affairs OF life.
Is. You are instructed that If you
believe from all the evidence in the
case, beyond reasonable doubt. thar
the defendants are guilty as charged
In the information but have doubt
of the degree of the offense of which
the defendants are guilty. whether 1t
is murder In The first degree. murder
In the second degree. or manslaugh-
ter. you will give the defendants the
benefit of such doubt and find them
guilty only OF the lowest offense as
to which you are In doubt.
1G. The rule OF law which clothes
every person accused OF crime with
the presumption OF innocence and Inn
poses upon the people the burden OF
establishing his guilt beyond rea-
sonabie doubt is not intended TO aid
anyone who is IN fact guilty to es-
cape, but is humane provision OF the
law Intended, so far as human agen-
cies. can, TO guard against the danger
I