The Leon reporter. (Leon, Iowa) 1887-1930, 1911-04-06
Gentlemen of the jury:

\ Gentlemen of the jury:
The State asks the conviction OF
/, the defendant, Clarence Teale, upon
y the charge of Murder in the First
4 Aegree, the indictment in substance
alleging:
81 The said Clarence Teale, Hugh
Teale, Tom Young and Ed Young,
! on or about the 18th day of Decem-
Der, A. D. 1910, in Decatur County,
/. Iowa, did, in and upon the body and
person of one, Bertha Zornes, then
and there being, wilfully, felonious-
~, deliberately, premeditatedly, and
of malice aforethought, commit an
assault with a deadly weapon, or
weapons, more particular descrip-
ton of which is to this grand-jury
unknown, then and there being held
in the hands of the said Clarence
Teale, Hugh Tsale, Tom Young and
Ed Young, and then and there the
said Clarence Teale, Hugh Teale,
Tom Young and Ed Young did, with
the specific intent to kill and murder
the said Bertha Zornes, Wiltully,
feloniously, deliberately, premedita-
teddy, and of their malice afore-
q thought, strike, beat and bruise the
said Bertha Zornes upon the head
and body thereby wilfully, deliber-
ately, premeditatedly, and with their
malice aforethought inflicting upon
the head and body of the said Bertha
ZOrnes a mortal wound, of which
mortal wound the said Bertha Zornes
did then and there die, contrary to
law.
To this charge and indictment the
defendant, Clarence Teale, has en-
tered his separate plea of not guilty
The jury are instructed that upon
the indictment herein set out, the
defendants have demanded separate
trials, which under the law they have
u the right to demand, and the state
!. has elected to try the defendant
Clarence Teale, and your sole inquiry
1T this time should be as to the
guilt or innocence of the said de-
PENDANT, Clarence Teale.
'@ No. /. The court instructs the
Jury that before you can convict the
defendant of the crime charged, the
state must show that the defendant
did, at and within the County of De-
q catur, and State of Iowa, prior to
i the finding of the Indictment of this
4 case, which was on the 2Sth day OF
January, 1911, commit the crime OF
murder Cor any lesser crime included
thereir), as charged in said indict-
Il ment.
No. 2. The court instructs the
4 Jury that it is incumbent upon the
\ state to prove every material allega-
ton Of the Indictment as therein
charged. The law raises no pre-.
sumption against the defendant, and
nothing is to be taken by implica'
ton against him. He is presumed
; innocent of the crime with which he
% charged until proven guilty be-
A yOpd a reasonable doubt; and in or
der to convict him of the crime
charged in this Indictment Cor any
Il lesser crime included therein), every
/ material fact necessary to consti'
5stute such crime must be proven be-
" y0nd a reasonable doubt; and should
you entertain a reasonable doubt up
4 ON any single fact or element nee
essary to constitute the crime, 1t is
y your duty to give the defendant the
a benefit of that doubt and acquit him
No. 3. The jury are instructed
that the reasonable doubt which en-
Z titles the accused to an acquittal, is
II sdOubt of guilt reasonably arising
from all the evidence in the case.
And, in considering this case the
\ jury should not go beyond the evil
dence to seek for doubts; nor should
y0u entertain such doubts as might
arise from mere caprice or ground
\ less conjecture. A doubt to justify
4 an acquittal must be a reasonable
one, and must arise from a candid
1 and impartial consideration of all
1 the evidence in the case. 1t should
be such a doubt as would cause a
reasonable, prudent and considerate
man to hesitate and pause before
acting in the graver and more i'm
portant affairs of life. If after a
careful and impartial consideration
of all the evidence in the case, you
can say and feel that you have an
abiding conviction of the guilt of
the defendant, and are fully satisfied
sOf the truth of the charge, then you
are satisfied beyond a reasonable
doubt.
No. 4. The crime charged
against the defendant in the indict-
ment is murder. 1t will be, there
fore, necessary for the court to define
that crime as it is know to our law,
and as applicable to the case at bar.
Whoever kills any human being
with malice aforethought, either ex-
press or implied, is guilty of murder.
Malice aforethought is a necessary
ingredient in the crime of murder,
either in the first or second degree,
and must be established by the state
kfoe you would be justified in find
Ing the defendant guilty of murder
Of either degree.
by malice is meant not only anger,
hatred and revenge, but any other
snniawful and unjustifiable motive.
IL is not confined to ill will against
tine individual, but it is intended to
denote an action flowing from any
Wicked and corrupt intent An act
done with wicked mind, and at
tended With such circumstances as
plainly indicate heart regardless of
moral and social duties, and fully
bent on mischief. indicates malice
within.the meaning of the law.
h RIM h No. s.. Malice aforethought may
be either express or implied.