The Birmingham age-herald., 1921-03-17
Here Is Judges Charge to Jury In Trial of Clara Smith Hamon
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 either take the life of the defendant or to do her some great personal injury, but in addition thereto it must reason ably have appeared to the defendant that there was at the time imminent danger of such design being carried out.
 You are further instructed that self defense under the law is defensive and not an offensive act, and before per son accused Of homicide can avail her self of the plea of self-defense in order to justify killing, the jury must believe that it reasonably appeared to the de- fendant, Clara Smith Hamon, at the time she fired the fatal shot, if you find she did fire it, that the act, if any, upon the part of the deceased by which the de- fendant seeks to justify the killing was such an act as made it reasonably ap- pear to the defendant at that time that she was in imminent danger of losing her life or of great personal injury being done to her. It is the law that it is the duty of person, if threatened with dan ger to her life or of great personal injury being done her, to use at the time all reasonable means apparent to reason able person under the circumstances to avoid such danger or apparent danger with safety to herself before taking hu- man life. It is not enough that the slayer may have believed herself in dan ger unless the facts and circumstances are such that the jury believe that at the time of the killing she had reasonable grounds for such belief.
 DYING DECLARATION
 You are instructed, gentlemen of. the jury, that dying declarations admitted in axr;1 cb ha Dcidprad der the same rules that govern in de- termining the creditibility of witnesses who testify from the stand.
 You are further instructed that the prosecution has sought in this case to prove certain statements which it IS claimed the deceased made short time prior to his death as his dying declara- tion, and in this connection you are in- structed under the law before these state- ments were made eff you find they were made) the deceased had given up all hope of recovery and believed that he wouid die; and even should you find such state ments were made and under conditions which render them admissible, you are to determine as to whether or not the deceased was correctly understood by the witnesses and what he said was cor rectly detailed by them; and should you find all these facts in favor of the pros ecuIlOu, you are DOullQ " OSiACNS SN@> facts stated in such dying declarations as true, but you should weigh such state ments and consider them together WILL all tie other evidence in the case.
 If you find the defendant guilty ol the murder as charged in the informa- tion, it is your duty to assess her punish ment at death or by imprisonment al hard labor in the penitentiary for ife Should you find the defendant guilty oi murder, it is your duty to designate IT your verdict whether such punishment shall be by death or by imprisonment ir the penitentiary at hard labor for life.
 MUST DECIDE PENALTY
 If, after considering all of the evi' dence and these instructions. which yot will understand are to be considered oS l you as whole, you have reasonabis doubt of the guilt of the defendant, theI | you will acquit her, but in the event after consideration given to the evidence in this case and these instructions, you do not entertain a reasonable doubt o' the defendants guilt as to any one oi more or all of the offenses herein suo' mtted to you, then you will return your verdict of guilty as to such offense ol which you do not entertain a reasonable doubt. vet whatever doubt may be en' 1 tertained by you, arising out or eviuehce and these instructions, as applied to 't such doubt must be resolved in favor oi the defendant.
 Tn reaching your verdict, no considera' ton of sympathy or passion or preJuoices should enter into your deliberations o' the faithful discharge of your duties as iurors hut YOU should carefully, i'm | partially and faithfully return such verdict as is warranted by the evidence as measured by these instructions, under your oaths as jCrOrS.'