Decorah public opinion., 1922-04-26
INSTRUCTIONS
Gentlemen of the jury:

Gentlemen of the Jury:
Paragraph l. The indictment
changes substantially that the defend
ant, B. F. Kneeskern, in Winneshiek
County, Iowa, on or about the elev-
enth day of December, 1921, in and
upon the body of one Irene Van
Brocklin wilfully, feloniously, delib-
erately, premeditatedly, and with
malice aforethought, did commit an
assault with deadly weapon, towit:
a shot gun, then and there charged
and loaded with gun powder, wadding
and leaden shot, the particular des-
cription of said shot gun being to
this grand jury unknown, and said
shot gun being then and there held
in the hands of the said B. F. Knees
kern, and then and there the said B.
+. Kneeskern did with specific in
tent to kill and murder the said Irene
Van Brocklin wilfully, feloniously,
deliberately, premeditatedly, and with
malice aforethought shoot off and
discharge the contents of said
deadly weapon at, against and into the
body of the said Irene Van Brocklin,
thereby wrongfully, wilfully, felon-
iously, deliberately, premeditatedly,
and with malice aforethought, and
with the specific intent to kill and
murder the said Irene Van Brocklin,
inficting upon the body of the said
Irene VanBrocklin a mortal wound,
of which mortal wound the said
Irene VanBrocklin then and there did
die. and all of the aforesaid acts by
the said B. f. Kneeskern being con-
trary to and in violation of law.
Par. 2. This is a charge of murder
in the first degree, which charge
also includes two other charges
namely, charge of murder in the
second degree and the charge OF
manslaughter.
Par. 8. The defendant pleads that
he is not guilty of any one of these
offenses. 1t is not necessary for the
defendant to prove that he is not guilty
but he is presumed to be innocent
until his guilt is established beyond
a reasonable doubt, and the burden
of proof rests upon the state to
establish the guilt of the defendant
beyond a reasonable doubt.
Par. a. Whoever kills any human
being with malice aforethought, Ell
ther express or implied, is guilty OF
murder.
Par. 5. All murder which is per,
petrated by any wilful, deliberate ano
premeditated killing is murder in the
first degree.
Par. 6. All murder that is mo-
of the first degree is murder OF the
second degree. IN.
Par. 7. Whoever unlawfully kill;
any human being without malice
aforethought is guilty of manslaugh
ter. -,
Par. 8. In order to convict the
defendant, it is necessary for the
state to establish:
1st That Irene Van Brocklin came
TO her death by the unlawful act'
of ano ther person, and
2nd. That the defendant, b. r
Kneeskern, is the guilty person:
And unless you are satisfied iron
the evidence before you beyond
reasonable doubt that each of thes.
facts are SO established, you viii
acauit the defendant and return
verdict of not guilty.
Par. 8. If you find from the evi
dence before you beyond a reasonaoi
doubt that Irene Van Brocklin cam
Ito her death by the unlawful act o
another person, you will then tDu
not otherwise) proceed to determln
whether the defendant, B. +. Knees
kern, is the guilty person.
Par. 10. Guided by these instruc
tions YOU will determine from TN
evidence whether the said Irene va
Rrocklin came to her death by IN
unlawful act of another; and II yo'
find that she did so meet her deatr
YOU will then determine whether IN
defendant is guilty or not guilty, an
if guilty you will decide whether Tn
crime is murder or mansiaughSeI
and if you find him guilty OF muraeI .s
whether his crime is murder IN th
first degree or murder in the secoh
Par. II. You will carefully cor
slider all of the evidence, ana II y1l
do not find beyond a reasonable dout
that the said Irene Van BrocK.i
came to her death by the. unlawie
act of another person, and that tn
defendant is guilty, you VIII retur
"a verdict of not guilty, but, II ai'e
such full and careful consideration !
all the evidence, you find that IN
said Irene VanBrocklin came to nc
death by the unlawful act Of anotGe n
person. and you further find the %
fendant guilty beyond reasonao
doubt, you will then proceeu " e
certain from the evidence the ple'.s
character of his crime, bearing 9;
ways in mind that what follows -
these instructions in regard to u
different crimes involved can have !
application unless you find the u'
fendant guilty. + ~,
Par. II. If the fatal shot W, W
fired and the killing done wlliu,, ~
deliberately, with premeditaton, al az
with malice aforethought, the cr1l W
is murder in the first degree IL