The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1912-01-25
CRAvENS' FATE
IN THE HANDS
Of THE JURY


a
without malice. strikes. stabs. wount
or shoots at or otherwise inhlres q
other of which such Ncrson dies.
guilty or manslaughteT You obscr
therefore that the distinguishing d
ference between tho two unlawf
tiomicides OF murder and mansaught
is the existence of malice in the OF
and its absence in the latter.
charge OF murder as a matter of aN
includes the lesser offense OF ma
slaughter And If I'm proper cas-
where the evidence warranted. the {
tnnee established under charge {
murder were manslaughter: that .
an unlawful homicide without malie
then the duty of the jury would b
TO return verdict of guilty Of MAJ
slaughter only. But in this case, ID
position taken by counsel for the e
fence in his statement in court an
to the jury is not that this offence
II II was committed. was less thar
the highest degree Of homicide tia
IL. murder. There Is no claim maj.
tlcn. in the case lay tie pffence. j
established, and ii the he detcnsian
is guilty OF IL, is reduced )r miiigatec
from murder 10 manslaughter.
therefore take IL TO be unnecessary ii
THIS charge TO make out any further
or more detailed explanation of what
constitutes mansiaughter: that is, an
unlawful homicide without malice, in
case where malice is driven out
OF the mind and the homicide is in
fenuonal, but without malice afore-
thought. Further, upon that matter
with reference TO the included lesser
degree or manslaughter, it may be in
the power of the jury under an In
dictment for murder'to find a defend
ant guilty OF a less crime than murder.
but as stated, under the evidence in
this case and the statement of counsel
Tor the defendant, the court is OF the
opinion that there is nothing suffi-
clenf 10 warrant the court in sending
10 You the question as 10 whether the
defendant could properly be convicted
OF manslaughter in this case. And
that viii leave for your consideration
the question upon the evidence of
whether the defendant is guilty of |
murder, or Is not guilty.
Malice as thus seen 10 be essential |
TO the crime uf murder has technical I
meaning In the Law. 1t is not limited /
TO hatred and revenge. which it in
cludes. but IL is more comprehensive
and denotes every bad aud nniustifia-
bic motive. Express malice exists
where one, with deliberate premedita-
ton and design, formed in advance, II
Kills another, such premeditation and /
design being manifested by external
cagable Of proof. such
as lying In wait. aniecedent threats
and concerted schemes to do bodily
harm Malice is implied by the law |
rom any deliberate and crlel act com
nltfed by one person against an
,fner, II Is implied when no con.
'ideraple pToyucatiou appears. or
hneu All the circumstances of the kill III
ng snow an abandoned and malig. iii
lant heart, or a general recklessness
mperilling the lives or others or in III
ne intent 70 commit some other feI HI
ny Wnere death is a natural or prob III
DIE consequence, or in the intent to III
esisf laWfnl arrest, THE terms ex. III
ress malice and implied malice. in
ruth, indicate the same state OF mind :.
ut they are established in differcn,
avs, the one By circumstances show. :
~ pFemeditation of the homicide, and Il
ne other being Inferred only from the O
q committed" By malice afore-
l0aght as an ingredient of murder ci
ls not meant that 1t shall be enter 81
lihed for any probable length OF ~
ne 10 advance OF the fatal act. II "a
NY spring ~ at the instant and il is 5,
ancient II the ACT is done with such cc
saiDeration and thought as enables 81
y accused 70 appreciate and under or
ana the nature of his act and ire fir
'opaDle consequences at the time he vi
'nmits IT, ~
Veiy person is presumed in the til
q intend the natural and probable su
'nseQuences OF his voluntary actc be
q 7 that consequence is death. then fe
2 law presumes he inten ed thar lii
sull, ana malice il implied or in co
rred. unless rebutted by circur of
akfes Whieh Il is incumbent on the Sp
cused 10 show. justifying or mitj- la'
ung his act. Wherefore, an jnten- in
n TO Kill unlawfully, without sufn.
M pr0Yocation, is a malicious IN. vol
itlon, and If the intent is executed fer
killing Is, In law, from malice VII
'rethought, and is murder. the
Y is not essential to the guilt of the pio
'endant that he actually or solely tea
% the shot or shots which ended bly,
life OF Alvin Bateman. If the de. Der
dant and bis associate Weltv shot or
Killed Bateman, pursuant to their eng
anon intent. or Welty did so and ane
defendant being then and there the
sent Intentionally aided abetted or and
outraged Welty in so doing. then and
aetendant is equally responsible +be
the bomicide as if he alone com doll
ted II IL therefore YOU find from by
evidence beyond d reasonable cut
- thst 1atntle time and place set con
70 gig jlfiictpppi, the defendant iact ~ !
| add Ilere htenipha1v aidsd kilH
ted or encor~aged BY The defend. oeie
unlas 5uha snot and killed Alvin reeu
'nan sitlf malice aforethou.,l -
Rlll find the Defendant guilty OF ,s Des
1er: otherpise you viii find him l'a''
guilty room
e law Justiiies person in re-.
is an assar't on the ground of -
lefense to tue extremity Of tag1uy
10 take life. b, 3ne who