The Brownsville daily herald. [volume] (Brownsville, Tex.) 1897-1910, 1909-11-13
JUDGE HOPKINS CHARGE
IN DOUGHERTY CASE
Defined Law as Applicable to Case,
Explaining Murder in First and
Second Degrees.

Second Degrees.
Following are leading points in the /
charge of Judge Hopkins in the |
Dougherty murder trial, which was
dsI.gered Wednesday afternoon on
turning the case over to the jury:
Every person Of sound mind who
shall unlawfully kill any reasonable
creature. with malice aforethought, is
guilty of murder. All murder com
mitted with express malice is murder
in the first degree. Continuing the
judge said
IN order to warrant a verdict of
murder in the first degree, malice
must be shown by the evidence to
have existed; that is, the jury must
be satisfied from the evidence. be-
yOnd a reasonable doubt, that the
killing was a cOnsummatiOn OF pre-
yiously formed design to take the life
Of the person killed, and that the
design to kill was formed deliber-
ately, with a sedate mind, that is at
the time when the mind of the per
son killing was self-pOssessed and
capable of contemplating the conse-
Quences of the act proposed TO be
done. There is, however, no definite
space of time necessary to intervene
between the formed design to XIII
and the actual killing; single mo-
ment of time may be sufficient; all
that is required is that the mind be
cool and deliberate in forming its
purpose and that the design to kill
is formed.
when the evidence satisfies the
mind of the jury, beyond a reason
able doubt, that the killing was the
result of a previously formed design
by the defendant to kill deceased,
and that the design was formed when
the mind was calm and sedate and
capable of contemplating the cOnse-
quences of the act proposed to be
done by him, and such killing is fur
Their shown to have been unlawful
and done with malice, then the hOmi-
eide is murder in the first degree,
and your verdict should be rendered
accordingly.
To warrant conviction OF muir
5ar i'm tba first degree. the Jury must
1,o -s+7e5o5 nv the evidence bevOnd
d., reasonable doffbr that the defend
a,t befora the .r+ Deliberately
fo.rad the desien with p calm and
sedate mind to Kill the deceased, thai
he selected and used the weapon or
instrument reasonably Sufficient to
accomplish the death by the mode
e,d manner Of ifs use The act must
not result from q mere sudden. rash
qr4 immediate design. eDringing
iron, an frcopaidara-a iu1uIse. pas-
-io,. IN. a-aitar,an+ however nm irstiff-
af,1a and a,-art3lIa IT NAV be
To convict Of murder in t1e sec
o-,5 5e,.raa Tho CHARGE said. fmDlied
r,alics r,lrs+ he nro-a7
s.rr,n1fa5 malice 20 he said. rs that
which -be law fnfars from or inn
.,,tes IN certain acts however sud /
5anrr done. tbus when the fact of /
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