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

enough to excuse or justify the homi-
eide that in the course of the difficulty
1t became necessary for the defend
ant to kill the deceased in order to
save his own life or to prevent great
bodily harm: but he must also nave
been free from fault in provoking or
continuing the difficulty which result
ed in the killing.
Mr.. Ross. the deceased. was fore
man and was rightfully on the west
Cooper farm o nthe morning of March
Cooper farm on the morning of March
10, 1911. Ross so far as shown by
the evidence. committed an unlaw-
ful and unjusttable assault and bat
terry upon the defendant. No matter
what language the defendant may
have then used towards Ross. that
language did not justify Ross in lay
ing violent hands upon him. 1t may
he doubtful whether the defendant
had authority to discharge him from
his. (Ross's) employment upon the
farm. II defendant had authority
to discharge Ross for any cause. the
assault was SUFFICIENT cause: but de-
fendant had no right to require Ross
to leave the place without giving him
an opportunity, to take his personal
effects and his family with him. The
assault committed by Ross on defend
ant on the evening of March 10
would not authorize defendant there
after to kill Ross or do him bodily
injury Just because of that assault.
The defendant was rightfully upon
the farm and about the buildings
when the homicide. If any. was com
mittcd on the morning Of March IL.
While in this state it is misde-
meanor for one to carry concealed
weapon. the defendant hsd q right
to use the loaded revolver to protect
his life or his person from great bod
ily harm. provided the danger to his
lsfe or person was not attributable to
his own %rong-doing.
Conceding that defendant had the
right to discharge, Ross from employ
rnent upon the farm. the defendant
had no right to; shoot revolver
twice in succession. in Ross immediate
vicinity. the balls passing, three OF
four feet behind Ross. for the pur-
leave the farm, Ross at that time
making no demonstrations or threats
against him. Defendants conduct
shortly prior to the firing Of the last
shot as detailed by himself was well
calculated to provoke trouble. for he
admits that he intended to create In
the mind Of Ross the appearance OF
danger to him from the loaded revol.
Yer held by defendant. In this de-
fendant was in. The wrong, and he
cannot row invoke tho right of self,
defense as sbieisf against the shaft,
OF the prosecutioG. The defendant
has admitted upon the witness stand
that he fired the shot that wounded
Ross; now If you believe beyond a
reasonable doubt that such wound
was mortal one, that is. wound
that caused the death of Ross. it is
your duty to find the defendant guilty
oe murder or manslaughter.
Degrees Of Murder.
In this state there are two degrees
OF murder: murder In the first de-
gre and murder in the second de-
gree.
Homicide is murder in the follow
ing cases:
1. When perpetrated without au-
thortty of law. and with a premeditat-
ed design to effect the death Of the
person killed or of any other human
being.
2. When perpetrated by any act
imminently dangerous to others and
evincing "A depraved mind, regardless
of human life. although without any
premeditated design to effect the
death of any particular individual.
3. When perpetrated without any
design to effect death by person
engaged in the commission of any fell
ony.
Every murder perpetrated by
means Of poison. or by lying in wait,
or by torture, or by other willful. de-
liberate or premeditated killing, or in
committing or attempting to commit
any sOdOmy, rape, mayhem, arson,