The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14


the use of force and violence, which
may result in the taking Of life I'M
lawfully, every part to such agree
ment will be held criminally liable
for whatever his co-conspirators
may do in furtherance Of the COM
mon design. If the offense con-
templated is a felony, and death en-
sues as a result, of some act alone
or move Of said conspirators, done
in furtherance Of said design, all Of
said conspirators will be guilty Of
murder. If in such case, the offense
contemplated is a misdemeanor, tho
guilt will be of the grade of man.
slaughter.
1.-THE act which caused the death,
however must be shown to have
been done for the furtherance or
in the prosecution Of the common
object of design for which they
combined together There can be no
criminal responsibility on the part
Of a co-conspirator for a death re-
sulting from something not fairly
within the common enterprise. The
homieidal act must be the ordinary
and probably effect of the wrong
agreed upon. But the fact that the
killing was not within the actual
contemplation Of the parties, does
not relieve them of responsibility. In
such cases it is always a question of
fact, pending in all the surrounding
circumstances. Whether the homi-
cidal act was within the scope of the
original unlawful project, and this
question in such cases is peculiarly
within the province Of the jury to
determine"
1.-THE persons is not to be held
criminally responsible for a homi-
eide unless his acts can be said to
be the cause of death; but I instruct
you that person may, under some
circumstances, be guilty of the crime
of murder, as an indirect result of
his unlawful acts, as well as the
| direct result thereof. Thus, one
may, by his own direct, through fear
of another or others, cause his own
death, under such circumstances as
will constitute felonious homicide on
the part of such other person or
| persons who cause such fear. In
such cases it must appear, however,
that the act of the deceased which
destroyed his or her life while UNI
der the influence of fear was:
First, such a step as a reason
able man or woman might take.
Second, that the apprehension
was Of immediate violence or injury.
Third, that the apprehension Of
violence must have bene well
grounded.
Fourth, the act of the deceased
must have been the natural and
probable consequence of the unlaw-
full conduct Of such other person or
persons"
'In determining the question
| whether or not the deceased was
a willing or unwilling participant on
the trip in question, it is proper for
you to consider all the facts and
circumstances surrounding such trip.
Her previous acquaintance, if any,
with the defendants, the different
places where she was, and whether
they were public places or not; the
fact, if it be a fact, Of whether she
came in contact with persons other
than the accused; and whether or
not under such circumstances, she
had the opportunity to make an
cutlery, or attract attention Of per-
sons other than the defendants; or
to communicate with officers Of the
law; or to go and come as she
pleased; or to remove herself from
the control of the defendants; and
it is also proper in this connection
| to consider her physical and mental
condition at those times, and
whether or not she realized such OPP
portunities if they existed, and all
other facts and circumstances as
shown by the evidence which in your
judgment will throw light on this
question"