El Paso herald. (El Paso, Tex.) 1901-1931, 1916-04-26
INTENT To Do
WRONG, TOUCHED
Judge Says if Intent is Ap-
parent, Jury May Con
vict the Defendant.

sucb at then YOU must infer as a mai45t tI
Of law. that the intent with WIZ safl
said act was to iniure and deIIauu m
bsDl- and in the eyes Of the law such ~ IT,,
act would constitute embez@lelneIl' a. iielievs
would be true even though you ma It1-t az
from the evidence that the lelci','.., md
some subsequent date attempted or pIVL 4bo
ed to make restitution by placing anl44"9 vas
assets Of said bank something IN in com
orthIess or Of little intrinsic value pm ,,-ed
parison with the value which ne - Inc
bv virtue Of his wrongful ABSTRACTION ect
funds OF said bank, II you ne .,5es. fnstruc-
was wrongful as defined by 1heS7
'i9 There was an objection filed to this
para May Consider Motives. rre-
..rbe Inference mentioned in the next ~.
ceding instruction however Is nol W. evil
" conclusive. There may be otnet mt
dence which may satisfy the Jury +bere
there was no such intent and WnetH - an
was or not is for you TO determlne ss YOU
the evidence in the case the sam tber ma
determine with reference TO any o1n'i
teriaI allegation in the indictment. intent
aAs bearing upon the question Oh ~ "a
Won have a right and It is your uu'S -o,
take into consideration, the saile ~ case
must consider all other evidence M ~, ~ az 10
which YOU believe TO be true, evidence 80 ~
the circumstances surrounding the t tbe
ant at the time of the commission Va ,cTT,
alleged act OF embezzlement' u. evidence
mitted. and to consider from lne etbcr or
which you believe to be true WI o. the
not at such time a motive existed IA a.
commission by the defendant OF 9'iU 10
,-ad scf Of acknowledgements all with Wv
10 determine the existence OF hon+ - The
N the criminal intent upon the pSIt thcse
defendant as defined and explained III
inS'' Not wrongful or Criminal
..vou are further instructed that the I9cl
that the defendant loaned money .Le1, TO
tives on their notes or permitted lhs -,
make overdrafts Of their accounntts, - 81 5frI
End that he did so, is not in itself Wronslu'
OF You are Instructed that if all the mateTial
allegations Of either count OF inc iIei Sr,d
are established to your satisIdCllo- 5yt,, Ia
\ reasonable doubt. it will be your uu.5 IN
"a tbe Attendant guilty; but if any OF an
OF such material allegations De ny 10 NOT
ished. OF II you believe the No
Sorbi ss 70 his guilt then you should Tina
the defendant not guilty
Must Be No Doubt.
you are instructed that before ~ IA
find the defendant guilty Of the crime 80 rs,,
~ ~ ;,dictrnent YOU must believe from
the evidence. and beyond reaso lli-I, bc fg
that the particular m9ness - the
charged with embezzling Were a.. -
time OF the alleged embezzlemenl- ITS -,
der his care. and second. under ms 80 ~
nv virtue OF his employment Wllnln INV
first count OF the indictment 80.
you are instructed that while YOU nlusts
be convinced Of the guilt or the ueleIll1 iis
from the evidence beyohu oar,-iction still
doubt in order to warrant cow iclIo4 is -,
tbe proof need not be the direct eVi1gnt9
OF persons who saw the ottehce cOil.l n,s 80
The acts constituting the crime ny
rroved bv circumstances. and IL is upon 81
eumstantiaI evidence in this case that M
prosecution relies TO convict w
Defendant Need Not Testify.
.rbe court instructs the jury that the Ge-
fendant may. il he sees fit, become W. VIZ,
ness i'm his own behalf. but the Jaw tlilPl
no obligation upon him to TESTIFY III his 80 ~
behsf or as TO any material fact IN the
case and that the fact that the o.Iehuau-
may not take the stand ana tes'ls q
witness in his own behalL az 70 az -
teriaI fact Is not to be taken or eonslu consul, =.
by you in arriving at your VeISiessS a-si6st
presumption whatever is TO be raised as ;il
he defendant on account Of not testiiyihs
in his own behalf J., .As- .--,
Won should not consider as evidence lno
statements OF counsel maze IN ~. FP--ss
enre nor the testimony OF withessT1
,i,icb vDst- have been excluded by the rui-
inr OF the court from your consloeIatlo.ls
nor should YOU indulge in conlectutes as ~
the answers to questions WIl .cIl--, M
Jurors Alone Must Decide
"Bv nothing which the court mas se-'
in ruling upon the trial OF IN tngSt
structions does Il express an OPINION "a
10 auv controverted fact in the case az
such being reserved under the law lor SUu
as jurors TO determine , ~
"The court hands you four FORMS ~
,---5i~f Inc first We. the jury find lne
defendant Turner r. Fl. smith suiltS tu
manner and form as charged N tl,c a.
ment' Second We, the Jury, i I'M a., ~ -.
fendant Turner r. H Smith guilty IN MAJ
T,sr and form as charged in the 1lrst CUM
Of the indictment. and find the Nalue "a
the property embezzled 70 be- -
dollars Third we, the jury tlnu ne ne ut
PENDANT. Turner r. H. smith, guilty IA
manner and form as charged IN N st,
count OF the indictment ana Ilno lne 'aiu0
OF the property embezzleo 70 De ,t5 che de-
dollars Fourth. we. the jury. 1lnu ne !,
fendant Turner r. H. smith. not 6unts-
The counsel for the defence lleu al -
lection 10 the ruling OF the c9uIt IN ~ III
accepting and transmitting TO me JSIs -
- ~ snerfa1 instructions offered by tA7