The Birmingham age-herald., 1913-09-02

that premeditation and deliberation which
which are ever present in the crime of
murder in the first degree. Manslaugh-
ter in the first degree is the unlawful
and voluntary killing of a human being
without malice; it may arise from a sud-
den heat, where there is an absence of
premeditation, deliberation and malice.
and where the killing results from pas
sion heated blood, arouse dby an ade-
quate provocation; but this provocation
can i'll no case be less than an assault.
either actually committed at the time by
the person slain, or threatened by him
under such pending circumstances as
reasonably to convince the mind of the
slayer that he wa sabout to be assaulted,
and where he struck the fatal blow un-
der the influence of passion thus sud
denly aroused by an assault, either COM
mitted or apparently about to be COM
mitted. Manslaughter in the second de-
gree is the unlawful killing of a human
being without malice, and without the in
tent to kill or to commit the injury re-
sulting in death, but committed acci-
dentally, either in the preparation of
some unlawful act which is not a fell
ony or committed accidentally in the
performance of some act, which is lawful
in itself but is done in negligent or
improper manner.
An illustration of each of these kinds
of manslaughter described in this defini-
tion may be given as follows: 3D. A. man
may be guilty of ~manslaughter where
he Is committing some misdemeanor and
accidentally kills man, e. g., if man
We're Intentionally to point a pistol at
someone, that intentional act alone would
be misdemeanor under our law If the
pistol We're to go off accidentally and
kill the person ut whom it were poinetd,
this may be a case of manslaughter ~
A man may commit manslaughter where
he is doing a lawful act in a negligent
and improper manner Suppose. for in
stance, a man propels an automobile
along a crowded street in city, where
other people have equal righst to pass
and repass this act in itself would be
lawful; but suppose he propels 1t at a
high rate of speed in a negligent and
improper manner, recklessly disregardful
of the lives and safety of others, and ac-
cidentally kills a man; under these cir
cumstances he might be held responsible
for manslaughter. in the second degree.
or for manslaughter in the first degree,
il the negligence was so reckless as to
show am utter disregard for natural con-
sequences, when he knew people were
rightiully passing there and would GER
tainly be endangered by him. Such reclS-
less conduct might be considered the
equivalent of an intention to take life
and constitute manslaughter in the first
degree. 1t Is we'll to bear these illustra-
tons in mind, in view of the reckless
running of automobiles in this commu-
nifty Fines do not cure the evil. nor
diminish the number of distressing $50
called accidents.
- Capital Cases
'aThe offenses of murder in the first
degree, rape, arson and robbery are
called capital cases. cause the extreme
punishment allowed is death. Next to
murder the most frequent of these
crimes in this county is robbery. Robbery
Is the felonious taking of money or goods
from the person of another, accomplished
by violence to his person, or by putting
him in such fear that he unwillingly
PARTS with the same. When man forces
you to give up your money by violence
to your person, or by putting you In
fear of your life, he will generally take
your life, If resisted Our people must
have protection against the many dan.
gerous highwaynen who infest every
community, where the laws are loosely
enforced Indict every malefactor OF
this kind and we can guarantee yor
speedy trials in open court and, / trust
adequate punishment for the guilty.
Burglary and larceny are penitentiary
offenses of most frequent occurrence
They are offenses against the right ol
private property, and can best be dis
uraged by prompt Indictment and ade
quate punishment. Whenever profess