The Leon reporter. (Leon, Iowa) 1887-1930, 1914-04-09
The COURTS INSTRUCTIONS.
Instructions Given by Judge Maxwell to the Jury in thu
Case of State vs. Earl Riley.

|
the meaning of the law. 1t is suftici-
ent if it exists for any length OF
time before the commission of the
act
AS applied to the case at bar, if
you find from the evidence that the
defendant killed the said Willis c.
Woodland with malice aforethought
either express or implied, as already
defined, he would be guilty of muir
der in the second degree, and you
should so find; but if you do not SC
find. beyond reasonable doubt, you
should acquit the defendant of MUIR
der in the second degree, and next
consider the crime and charge of
manslaughter.
No. Z Manslaughter is the I'M
lawful killing of human being with
out any malice expressed or implied.
Murder is the felonious killing of a
human being with malice. Man
slaughter is the felonious killing
without malice
Where the killing is intended, but
the act is committed in the heat Of
passion induced by some great pros
vocation, which the law, in tender
ness for the frailty of human nature,
considers sufficient to palliate the de-
gree of the crime, the crime is man.
slaughter.
AS applied to the case at bar, if
you find the defendant killed the
said Willis G. Woodland, but did so
| without malice, and that such kill
ing was unlawful and without justi-
fication, and you so find beyond a
reasonable doubt, you should find the
defendant guilty of manslaughter.
No. s. Before you can find the
defendant guilty the state must not
sonable doubt, that the defendant
shot and killed the said Willis G.
| Woodland, but the state must go fur
Their and show and prove, beyond a
reasonable doubt, that such killing
| was not done by the defendant in
! self-defense. If the state has failed
to show and prove beyond a reason
able doubt that such killing was not
done in self-defense, then you should
acquit the defendant.
IT after considering all the evil
dence in the case you entertain a
reasonable doubt as to whether or
not the killing was done in self-de-
tense, you should acquit the defend
ant.
What constitutes self-defense,
within the meaning of the law, will
be set forth in the following instruc-
tons:
No. 8. If the jury have any doubt
OF the crime proven, or the degree
thereof, then you should only convict
OF that crime, or degree, of which
you are abidingly satisfied he is
guilty, beyond reasonable doubt,
No. 10. If you do not find the
defendant guilty of murder in the
second degree, or of manslaughter,
you should return a verdict of not
guilty.
No. H. 1t is claimed on behalf Of
the defendant that he was acting in
self-defense.
On this subject you are instructed
that the right of self-defense is
jealousy guarded by the law I'm
cor the law of this state person
who is unlawfully attacked and as
saulted has the right to resist and
reEel that assault by force sufficient
to prevent the same. One has the
right to resist az unlawful attack by
force on his person, to the extent of
overcoming such unlawful attack,
and if to preserve his life or, save
himself from great bodily injury it
becomes necessary to take the life of
his assailant, he may do so. The de-
gree of force which the assaulted may
use lawfully is determined and limit
ed by the vigor nature and apparent
danger of the assault. The law APP,
CnnnncCf,,1 CT h,,t
the party assailed after he has fully
repealed the unlawful assault, can
not lawfully go further, and if he
than necessary, then he himself be-
comes the aggressor and becomes
guilty to the extent of such unnec-
essary and unlawful force as is used
by him.
The defendant as witness in his
own behalf admits that he shot and
killed the said Willis C. Woodland,
but claims that in firing the fatal
shot he was acting in self-defense.
To Justify the taking OF a life, the |
person assailed must believe as an |
ordinarily reasonable man that he is
in danger of losing his own life or
suffering some great bodily injury at |
the hands of his assailant; and it is |
furthermore the duty of person in
such danger of death or great bodily
injury to retreat and withdraw from
he encounter if an avenue of escape
S open and he can withdraw with
safety
No. -. If you find from the evil
1ence that the deceased assaulted
he defendant by drawing and point
ng revolver at the defendant, and
hat and there threatened to shoot
he defendant, this would be such an
assault as the defendant would be
Justified in resisting, even to the ex-
ent of taking the life of deceased, if
he defendant at the time believed,
md as a reasonable man was justi-
led in believing that he was in dan
'er of. losing his life, or receiving
treat bodily harm and he could not
otherwise escape the consequences
II the assault in safety.
No. 49, In reference to the danger
eferred to in the last instruction,
'ou are instructed that if a person
g IN !