The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-12-12
may be attributed to revenge and may

may be attributed to revenge and ma,
be murder.
Tho heat Of passion which will re.
duce what would otherwise no muir
der to granddaughter in the first de-
gree, Is such a mental disturbance,
caused by q reasonable and adequate
p~rovocatton az would ordinarily pre-.
vent him (the d%efendant) from exer.
cletng a sound Judgment under the
surrounding conditions and make hin,
incapable OF cool reflection and OF
forming and carrying out that distinct
design to take human life which is
essential IN murder in the first degree.
Manslaughter is voluntary homicide
committed under the immediate In.
nuence of sudden passion. arising from
n adequate cause. but neither justi-
lied nor excused by law. by the OK.
preston, under the immediate in
nuence of sudden passion" is meant
tnat the p~rovocation must arise at the
time of the killing and that the pas
sion is not the result Of former provo.
cation. and the act must be directly
caused by the passion arising out Of
the p~roHocation. II any. at the time of
the killing. It is not enough that tho
mind Is merely agitatcd by passion
arising from other p~rovocatton or a
provocation given by some person 9th.
or tina the party killed.
The passion intended Is any Of the
emotions of tho mind known as am
ger. rage. sudden resentment or ter.
ror. rendering the mind incapable of
cool reflection.
BY the expression adequate cause.
Is meant such as commonly produces a
degree OF anger. rage, sudden resent.
n,ent or terror In a person Of ordi-
nary temper SUFFICIENT to render the
mlnd incapable Of cool reflection. ANY
condition or circumstance which is ca.
pable OF creating and does create sud-
den passion, as anger. rage. resentment
or terror, rendering the mind incapa-
BILE of cool reflection. whether accom-.
panied by bodily pain or not, Is ade-
quate cause.
Manslaughtcr Grade
In order to reduce a voluntary
homicide to the grade of manslaugh-
ter. 1t Is necessary not only that ade-
quate cause existed to produce the
condition Of mind known as anger,
rage. sudden resentment or terror,
such as to render 1t incapable of cool
reflection, but also hat such state of
mind did actually exist at the time of
the commission of the offense, and
that 1t was produced by adequate
cause.
Let US now look at another feature
OF THIS case which 1t is proper for
YOU to consider. II one takes life.
though in defense of his own life, in
a quarrel which he himself has COM
menced. with intent to take life or
infict grievous bodily harm, the jeo-
pardy In which he has been placed by
the act Of his antagonist constitutes
no defense whatever. but he is guilty
OF murder in the first degree; but II
he commenced the quarrel with no in
tent to take life or inf1ict grievous
bodily harm, then he is not acquitted
OF all responsibility for the ARRAY
which arose from his act but his Of
Tense is reduced from murder to man.
slaughter in the first degree.
lhave already said that the defend
ants own testimony shows that he
provoked or started the quarrel. Now,
II defendant provoked or started the
quarrel with the intent to take the life
OF Ross or inflict grievous bodily harm
upon him and defendant did take the
life of Ross. defendant Is guilty of
murder In the first degree: but II de-
tendant provoked or started the quar-
rel with no intent to take the life Of
Ross. or do him grievous bodily harm
and under reasonable belief of immi-
nent danger to his own life, or immf.
nent danger of serious bodily injury
from Ross, defendant inflicted a NOR
tai wound. the defendant is not guilty
OF murder but Of manslauhgter in the
first degree. Upon this feature Of the
case o may consider all of the owl
dence received during the trial, includ-
ing that which the court stated would
be received only to throw light upon
defendants state of mind on the morn.
ing of March IL; that Is, sou may also
consider that evidence in determining
whether or not the deceased by his
acts at the time the fatal shot was fir
ed gave the defendant reasonable
cause to apprehend an intention on the
part Of the deceased to take the life
Of defendant, OF to do him great bodi.
~ harm. and this for the purpose of
enabling you to determine whether
the offense. If my is murder or man.
slaughter as explained in these in
structions.
In this state when a jury finds a de.
PENDANT guilty Of murder or man.
slaughter. 1t is the duty of the jury
to fix the penalty to be imposed with
in the limits prescribed by law.
Fol murder in the first degree the
penalty is death or imprisonment for
life in the penitentiary.
Fol murder in the second degree the
penalty Is imprisonment in the peni-
Tertiary for not less than ten and not
exceeding thirty years.
The penalty for manslaughter in the
first degree is imprisonment in the
penitentiary for not less than five and
not exceeding fifteen ears.
An. assault. or assault and battery
Is a mere misdemeanor. Under the
law of this state an officer is not au-
thortzed to arrest a person without a
warrant for the commission Of a mis-
demeanor unless such misdemeanor in
the presence Of the officer.
Ross Character
II you find from the evidence that
the defendant believed, and had rea-
sonable cause to believe that the de-
ceased. Frank Ross. was a violent or
dangerous man. then the defendant
would be justified in taking more
prompt measures Of defense than he
would be II he believed him to be of
a p~eaceablc disposition.
l further charge you that the mere
TACT that the defendant al the time he
went into the barn on the morning of
March IL, had a loaded revolver in his
pocket. does not in itself constitute him
the aggressor in In difficulty which
may have followed.
I have said hat you must be con-
WINGED Of defendants guilt beyond a
reasonable doubt before you can find
a erdict against him.
person accused. of a crime is en-.
carefully considered and he can only
be lawfully convicted when, after such
scrutiny, the jury car say. upon oath,
that the evidence leaves no reasonable
doubt of his guilt. 1t is your duty
therefore. to scrutinize the evidence
with the utmost caution and care.
bringing to bear such reason and pru-
dence as o would exercise in the
most tmOOrtan Mt affairR of nfo