Decorah public opinion. (Decorah, Winneshiek County [Iowa]) 1895-1928, 1923-01-24

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and m violation OF isT
To this indictment the dcfsndau1
pleads not guilty
The indictment charges the 0tfense
of murder IN the first degree IL also
includes in us charge the uETense Of
murder in the second degree. which e
= lesser CFferse than murder IN the
first degree u also includes in is
charge the orfeuse Of mzusaughter.
which Is q lesser oi7ense than murder
IN the second degree. and the defend
ant may X CCuE5cted 81 any one Of
these 0ffenses If the evidence under
these instructions. warrants such con-
v;cti0u.
Whoever kills a human being with
malice atorerhougl1r. either express or
implied. Is guilty Of murder.
hll murder which Is penetrated by
-
any other Kind OF wEl;ul. deliberate and
premeiltated killing is murder in the
first degree and shall be punished with
death or Imprisonment m the peniten-
tIary for life al hard labor. as deter
mined by the jury.
8.
Whoever commits murder otherwise
than as set forth in the preceding in
struction is guilty Of murder in the
second degree.
Manslaughter is the unlawful kill
ING Of a human being without malice,
either express or implied. and with
out dclibcratiOn or excuse. II may be
either voluntary or involuntary.
3.
Voluntary manslaughter Is mansiaugl-
ter committed with design or intent 10
kill or infict serious bodily harm. To
constitute voluntary manSlaughter the
killing must be done when reason Is
disturbed or obsCured by passion 10 an
extent which causes person 20 act
rashly. without reelection and from pas
sion rather than judgment: there must
re an adequate pruyOcation for the pas
sion and the killing must be done with
out previous malice.
y
Involuntary manslaughter Is man
slaughter committed accidentally in the
commission OF some unlawful act, not
feloniouS. or in the improper or uegii-
gent performance OF an act lawful IN
ltself, and without intent to kill
10.
Malice, within the meaning OF the
law, Includes not only anger, hatred
and revenge, but also any wrongful act
done intentionally without Just cause or
excuse. 1t may be either express or
implied.
Express malice is that deliberate IN
tention unlawfully TO take away the
life of a fellow creature, which IS
manifested by external circumstances
capable of proof.
y.
Malice is implied where an unlawful
homicide is shown to have been COM
mittaH and no circumstances IN miti-
,atioa or Justification appear. Where
, homicide is committed by the use oi
a d ngerous weapon likely 10 produce
taat' c law presumeS malice IN the
sen, OF proof. either direct or by
cumstanceS, TO the contrary.
Is.
vr-d "wilful' means that the
rnetrator intended that the life OF
the person killed should be DESTROYED
The woId "feloniously' means thai
the act was done with the intent tC
60, nit he crime charged.
The word deliberate means ira