The Leon reporter. (Leon, Iowa) 1887-1930, 1914-04-09
Gentlemen of the Jury:

charge of murder in the second de-
gree, the indictment in substance al
Ieging, that said Earl Riley, on OF
about the goth day of April. 1913
in Decatur county, Iowa, in and upon
the body of one Willis c. Woodland
then and there being, wilfully, felon-
iously, deliberately, and OF malice
aforethought, commit an assault with
a deadly weapon, being pistol then
Their held in the hands of the said
Earl Riley, loaded and charged with
powder and bullet, and then and
there the said Earl Riley did, with
the specific intent to kill and murder
the said Willis C. Woodland, wilfully
feloniously, deliberately, and OF his
malice aforethought, shoot off and
discharge the contents OF said deadly
weapon at, against, and into the body
of the said Willis C. Woodland, there
by wilfully, feloniously, deliberately
and of his malice aforethought, in
f1icting upon the body OF the said
Willis Z. Woodland a mortal wound,
of which mortal wound the said Will
lis C. Woodland then and there did
die, contrary to law.
To this charge and indictment the
defendant, Earl Riley, has entered
his plea of not guilty.
No. J.. The court instructs the
jury that it is incumbent upon the
state to prove every material ailega-
ton of the Indictment as therein
charged The law raises no presump-
ton against the defendant, and moth
ing is to be taken by implication
against him. He is presumed inno-
cent of the crime with which he is
charged until proven guilty beyond a
reasonable doubt; and, in order to
convict him of the crime charged in
the indictment. every material fact
necessary to constitute such crime
must be proved beyond a reasonable
doubt: and should you entertain a
reasonable doubt upon any single
fact or element necessary to consti-
tute the crime, it is your duty to give
the defendant the benefit of that
doubt and acquit him.
No. 2. The court instructs the
jury that before you can convict the
defendant of the crime charged Cor
any lesser crime included therein)
the state must show and prove, be-
y0nd reasonable doubt, that the de-
PENDANT did, at and within the Coun-
ty of Decatur and State of Iowa, and
about the goth day of April, 1913,
and prior to the finding of the indict-
ment in this case, which was on the
9Th day of September, 1913, commit
the crime of murder in the second
degree Cor any lesser crime included
therein), as charged in said indict-
ment.
The jury are instructed that the
reasonable doubt which entities an
accused to an acquittal, is a doubt
of guilt reasonably arising from all
the evidence in the case; and, in con-
sidering this case, the jury should not
go beyond the evidence to seek for
doubts; nor should you entertain
such doubts as might arise from mere
caprice or groundless conjecture. A
doubt to justify an acquittal must
be reasonable one, and must arise
from candid and impartial consid-
GRAFTON of all the evidence in the
case. 1t should be such doubt as
would cause a reasonable, prudent
and considerate man to hesitate and
pause before acting in the graver
and more important affairs OF life.
If, after careful and Impartial con-
sideration 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 of the truth Of the charge,
then you are satisfied beyond rea
sonable doubt.
No. f. The crime charged in the
indictment against the defendant is
murder in the second degree. 1t will
be, therefore, necessary for the court
to define that crime as it is known
to our law
Whoever Kills any human being, !
with malice afOrethought, either ex-
press or implied is guilty Of murder !,
in the second degree.
Malice aforethought is necessary |
ingredient in the crime OF murder |
in the second degree, and must De |
established by the state before you
would be justified in finding the de-
PENDANT guilty Of murder in the sec
ond degree.
BY malice aforethought is meant |
not only anger. hatred and revenge,
but any other unlawful and unjust-
fable motive. 1t is not confined to
ill-will against the individual, but is
intended to denote an action flowing
from any wicked and corrupt intent.
An act done with wicked mind, and
attended with such circumstances as
plainly indicate a heart regardless of
moral and social duties and fully
bent on mischief, indicates malice
within the meaning of the law
No. 5. Malice aforethought may
be either express or implied.
Express malice means a settled
purpose and design to commit the
offense in question, and must be
shown by proof of that fact directly,
and without inference. 1t may be
proved, as generally understood, by =
of hatred, threats, and
the like.
Implied malice means that which
may be inferred, or presumed, from
the acts and facts shown. Thus, when
a wanton, wicked, cruel or revenge
full act is shown, the inference, or
implication may be drawn that the
person who did such act was actual ]
ed by malice And when one person
I. II J1 |