The Richmond Virginian. (Richmond, Va.) 1910-1920, 1920-01-03
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MISTRIAl
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ing such design into Immediate exc
cutton, then under these circumstances
the killing is cxcusable, although IL
may have turned out sfterward thai
the appearances were deceptive, and
there was no design on the part of
Sha ckieford or Hudson to kin the ac-
cused or to do him personal injury
and the jury must acauit the accused
THE court instructs the jury that
if they believe from the evidence that
on tfr- night OF the fatal occurrence
ut. Fishers Hill. Shenandoah county,
Va. the accused man was legally au~
thorized to- make an arrest OF the de-
ceased. who was In possession OF or
had In the automobile in which he was
travelling a quantity OF ardent spirits,
contrary to the law, aslds further, that
the accused officer discovering that,
put said Hudson. under these circun -
stances. under arrest, and the said
Hudson resisted such arrest and at
te4hrted 10 ESCAPE and in so doing.
the accused sought to retain the de-
ceased from making his escape, after
being put under arrest, and the de-
ceased Sw.he was armed with loaded
gun and had also made an attempt
10 KIN oT dc great bodily harm to the
l1ccrsed. end the Ssce3s'ad honestly be-
iievcd that the DECEASED would Kill
him or DO him great bodily injury. and
the said Han under these circuut-
stances w6anifaG tho deceased, from
which wound or wounds he died, then
the jury must kcduit the accused"
The eoaIt further irstructs the
uy-t~ chat the 'uu~$ticrr for their con-
atds ration is not that.of prohibition or
anti-prohibision, and that all opinions
feelings or pre- judlces arising there
from en- the .ad visibility or non -ad-
visa b!iity or prohibition must be ali
splntefy dtsln tssea .therefrom: and the
same is likcIyise une as ITO all publ
cations read by them or public
speeches or sutterances -fnade in their
presence or hearing respecting the
issues now being tried in this case,
Tire court further instructs the jury
that If the prohilNicn. otticor, ". G.
Han, had Rood reason to believe or
know that the deceased or his com
panion were transporting illegally
ardent spirits in the automobile on the
night alleged, then the sail W g
Hall had legal authority to mako an
arrest OF the deceased as well as entsr
said au4omobileA withont Il warrant
,-@rhe-Soqrt iestructs the jury that an
charged with the execution OF
IS bound to carry out ana per-
l9-. s-si i'sdatv arrsf- cannot be re-
quit,-V = united to retire or retreat
when IL or resisted and thus
leave the Y zig 'swb-enker to work
his MIL. H. : stand ana meet
forge With tas -, 10 ~ kills in
sss<s. sasseAsssAsss Ysisai.s.ss. ~ his duty.
the homiciae Is JUST.
The -cuurt instructs . that
dying declarations may be a.. led
In The ssans> manner ms any othS !. o} -
dsnee, and that il they believe from
the evidence hat the said Hudson
after the shooting occurred, made
stateshefft concep4fing the shooting 10
theSaccnsea or ITO anyone else consist
ent WIN his dying declaration then
spch iaachlabte ut sta temerit may be
T. ken into consideration in deternlin.
l,ng what weigh, is to be given the dy-
ing declaration
Commissioner Peters. rntpector Hall
and ahe others interested in the trial
rastsrned 70 Richmond yesterday
- Ab.tAsA' ss 81 h