The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12

robbery. or burglary. is murder in
the first degree; all other kinds Of
murder is murder in the second de-
gree.
Before you can find defendant gull
ty of murder In the first degree, you
must be satisfied beyond a reasonabl
doubt that the death Of Mr.. Ross was
caused by wound inflicted in said
Traill county by defendant, on or
about March II. 1911, and you must
also be satisfied beyond reasonable
doubt that such wound was inflicted
by defendant willfully. deliberately
and with the premeditated design to
effect the death Of said Ross.
A design to effect death sufficient
to constitute murder may be formed
instantly before committing the act
by which II is carried into execution.
Homicide committed with design to
cause the perpetrator was in state
Of anger.
1t is charged in the information
with malice aforethought. willfully.
deliberately and with the premeditat-
ed design to kill. The word malice as
used in the information imports a
wish on the part of defendant to in
jure another person. or in intent to
do wrongful act injurious to anoth-
er. Premeditated means thought of
beforehand for any length Of time,
however short.
Willfully means that the act must
be done intentionally and not acci-
dentally.
Deliberately means done in the cool
| state of the blood. 1t does not re-
quire that the act should be brood
ed over or reflected upon for week.
day or an hour. but it means an in.
tent to kill executed by defendant in
cool state of blood. in a further
ance Of formed design to crafty
not under the influence Of a violent
| passion suddenly aroused by any law
, full or some just cause Of provoca-
| tion.
You are instructed that while the
law requires that the killing. in order
to constitute murder in the first de-
gree, shall be willful. premeditated
and deliberate, still II does not re-
quire that the willful intent. premedi-
tation. or dcliberation shall exist for
any prescribed length of time before
the crime is committed; 1t is suff1-
ctent that there was a determinatio
and design to kill distinctly formed
tn the mind at any moment before
or at the time the shot was fired: and
in this case. If the jury believes from
the evidence beyond a reasonable
doubt that the defendant ehot said
I Ross in said Traill county on March
IL. 1911. inf1icting the wound that
caused the death of said Ross, as
| charged in the information. and that
at the time, or before the shot was
fired, the defendant had formed in
his mind a willful. premeditated and
deliberate design or purpose to take
the life of the deceased. and that the
shot was fired in furtherance Of that
design or purpose. and not under cir
cumstances reducing the offense to
! manslaughter as hereinafter explain
ed. then the jury should find the de-
fendant guilty Of murder in the first
degree.
II you entertain reasonable doubt
as to whether or not the defendant
Is guilty of murder in the first de-
gree. you will then come to the con-
sideration of the qeustion as to
whether or not he is guilty of murder
In the second degree.
The distinction between the two
grades Of offense is that in murder
in the first degree. the killing must
be deliberate and premeditated, whilst
In murder In the second degree, the
killing is not deliberate or premedi-
tated.
In first degree murder. there is de-
! liberate, premeditated. pre-conceived
design. though it may have been
formed in the mind Immediately be-
fore the mortal wound was inflicted:
in second degree murder, there is no