The Leon reporter. (Leon, Iowa) 1887-1930, 1911-04-06
INSTRUCTIONS TO ThF JURY and MO-
TON FOR new TRIAL IN THE
TEAlE CASE.

was actuated by malice. And where
one person assaults another with {
deadly weapon, and death results
the law presumes malice from thai
fact alone, in the absence of proof
either directly or implied, to the con
trary. The selection and use of {
deadly weapon, such as heavy club
or board, in a deadly manner, with
out legal excuse, raises a presump
ton, and is evidence Of malice.
No. 6. The word "aforethought,
used in connection with the wore
malice, in our law, means, simply
| thought-out, or conceived before
hand 1t indicates purpose and de-
sign.
But it is not necessary that such
malice should have existed for any
considerable length of time to con
stitute malice aforethought within the
meaning of the law. 1t is sufficient
if it exists for any length of time
before the commission of the act.
No. 7. If you find and determine
from the evidence, beyond a reason
able doubt, that the defendant, Clar
nnce Teale, did, on the 7th day Of
December, 1910, kill Bertha Zornes
human being, in Decatur County
Iowa, as charged in the indictment
with malice aforethought, either ex
press or implied, as heretofore ex
planned in these instructions, he Ii
guilty of murder, and the degree
thereof will be determined by yol
under the law, as hereinafter ex
planned in these instructions.
No. 8. Murder is of two degrees
first and second, and if you deter
mine the defendant guilty of murder
it will be necessary for you to de-
termine and return as a part OF your
verdict the degree thereof
| All murder which is perpetrateC
by means of poison, lying-in-wait, OF
any other kind of wilful, deliberate
and premeditated killing, or which
i is committed in the preparation OF
attempt to perpetrate any arson
rape, robbery, mayhem, or burglary
is murder in the first degree.
No. 9. BY the word "wilfur' al
used in these instructions, is meant
simply, intended; and wilful kill
ing is simply an intended killing.
AS applied to the case at bar: Il
you find from the evidence that the
defendant, Clarence Teale, killed
said Bertha Zornes, and that he die
so intentionally, having that design
and purpose in his mind at the time
he did the act, that would constitute
at the law.
No. 10. BY the word deliberate
is meant, reflected upon, considered
1t is not necessary that it should have
been reflected upon or considered
for any particular length of time, blu
it should precede the act.
AS applied to the case at bar: J.
you find from the evidence that the
defendant, Clarence Teale, killed the
said Bertha Zornes and that such kill
ing was considered and determined
prior to the act, then such killing
would be a deliberate killing Withir
the meaning of the law.
No. II. BY the word "premed
itated' is meant, planned, contrived
or schemed And as to the require
ment no particular length of time il
required. 1t is sufficient if the ACT
was planned, contrived, or schemel
and determined upon prior to the
act
AS applied to the case at bar: II
you find from the evidence that the
defendant, Clarence Teale, killed
salu Bertha Zornes, that such killing
was planned, contrived, or schemed
and determined upon before the act
then such killing was premeditated
killing within the meaning of the
law.
No. -. If you find the defend
ant, Clarence Teale, killed the said
Bertha Zornes either by lying-in-
wait, as before explained, or in any
other manner, and that said killing
was wilful, deliberate, and premed-
itated, and of his malice afore-
thought, as heretofore explained in
these instructions, then the defend
ant would be guilty of murder in the
first degree, and you should so re-
turn.
If you find the defendant guilty Of
murder in the first degre, it will be
your duty to fix his punishment and
designate said punishment in your
verdict which should be either death
or imprisonment for life, at hard
labor in the state penitentiary, as you
may determine.
No. 10. If you find the defend
ant guilty of murder in the first de-
gree, as before stated, it will be your
duty to fix and determine his punish
ment, which must be either death, or
Imprisonment for life in the state
penitentiary.
And your discretion is absolute
upon that matter. There is no law
which determines or advises you
when, and under what Circumstances,
and in what cases it would be proper
for you to inf1ict one or the other
That must be determined by you
under your oaths as jurors, and in ac-
cordance with the solemn dictates of
your conscience in the determination
of your duty.
No. IA. The jury are instructed
that the charge of murder in the first
degree, includes, also, murder in the
second degree, and manslaughter. 1t
will be necessary for the court to
define those crimes as they are known
to our law.
You may find the defendant guilty
of either of the crimes so included
in tho in6ict mont Or vOu shOn1d find