Amarillo daily news. [volume] (Amarillo, Tex.) 19??-current, 1920-10-30

excuse Thus. when an unlawful kin.
/ ng ~ established beyond a reasonable
doubt. and the facts d. not show eN.
press malice beyond a reasonable doubt
nor ini'ifnte. Justify or excuse the act.
then the law implies malice
.. The punishment provided by law Tor
murder II death ~ confinement m M"
penii nt.ary for life or for any term ~
wears not less than five.
, 4 n you find and believe from the
/ rVii,ucs. beyond a r,asunabl" doubt.
that in the county OF Potter. Stur 81
Texas. on a.. 9td day Of October & u.
I 900 The defendant y !. Gilbert. did.
with malice afor"thouEht either eNpr,s ~
I or impirl un.fWtullv .ith u pistol.
shoot aud EI'i the DECEASED J G.. Kent.
~ BE- CHARGED In To- Indictment then
lvuu wi find the d,fendlnt guilty -
murder. and =, vly W your verdict. and
s-css NJ, punishment ~ death ~ ron.
I iirrusut ir tho p.uiirUtiITy fur 10" or
confinement N N" penii,utiary Cor any
| t.fu years not less than five. ns you
uay determine and .o in yuur verdict
Ilui Dr. you de- not so ilnd and hrii'V"
/ from the evidence. b-yund a reasonable
ioubt yOu will aCpuit ~" defendant ul
murder.
rh. ncvi grade ~ culrahl" homicide
lh,I,w tflt - murder j. that - man.
slaughter.
Z Nfus1urhior u voluntary homicidH
/ ,umWif'tsd under tn immediate in-
, flu,uc" n sudden passion. arising from
1d,quatc cause rat neither excused n.g
Justified hy law.
Passion Explained.
. ~ N. sNpr, gsiuH under "a, i'm.
mediate Influence 81 sudden passion" Is
meant. that the uroy,catiuu must arise
% the time at the commission of the
fieu-" ana that the passion ~ mott the
result az a former revocation. The act
must b, directly caused hy the ias-iun
rising out Of the provocttion. II b not
enough that the mind IL merely asiint'd
~ the passion arising fruiu som" other
lr0Vorltion. or e provo alton by SOM.
.'i'r party than the one Killed The
t.tSsion intended u either - the emo.
ions - the mind known 49, anger,
age sudden resentment or terror. ron
Gering u Incapable ~ cool rtflccting.
The following are by law deem'i
adequate cause. as the term IN uscd
100 this charge.
tal Adultery " the person Killed with
the wife % the person guilty u the
homicide: provided the killing Occur-
~ soon ns IN. fact q an Illicit cor
lrctluu " discovered.
90 Insulting words or conduct ~ the
person killed tow.rd female relative
" "a" person guilty ~ the homicide.
IN order 10 reduce a homcid. 20 the
! srade ~ manslaughter By reason u IN
/ circumstances specified In subdivisions
tl and (hl above, u must appear that
the killing took place immediately ~
ter the happening - the adultery "a
insulting conduct or the utterance 81
the insulting words. or ~ SION there
fi,r ~ the party killing may. mec:
with the party killed afLr having been
informed thereof; and u the defcndar ;
In this case was informed by his wife
M u h. believed whether II was In
| .aci true or not that the deceased was
guilty ~ adultery with his wife or was
guilty % insulting conduct or the Use
{ insulting words toward her. and n.
ghlle under the influence u sudden
passion. u any. aroused by such ir'
| ormation and belief. be- killed the de-
eas,d nj the first meeting with him
ucr h. was ~ Informed. then the
| iomicidc. u unlawful. could not be- II
a higher grade than manslaughter.
J. The punishment prescribed by
! law for granddaughter IL not less than
| two nor more than five years.