Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-02-13

, building.
for and therefore render probable the
hypothesis that is sought to be estab-
liShed by the prosecution. They must
exclude to a moral certainty every
other hypothesis, but the single one
of guilt, and if they do not do this
the Jury should find the defendant
not guilty.
And when the case against the de-
PENDANT is made up wholly Of a chain
of circumstances and there is rea-
sonable doubt as to any fact, the ex-
istence of which is essential TO estab-
lish guilt, the defendant should be
acquitted.
But the crime Of murder is not one
which is always committed in the
presence of witnesses, and II not so
committed, it must be established by
circumstantial evidence or not at all.
And where the essential facts and
circumstances are proved, which can
not be explained upon any other
theory than that the defendant Is
guilty of the crime charged against
him, such evidence should be con-
sidered as satisfactory and convincing
as that of the most direct and positive
character.
If the State has not satisfied you
by evidence beyond reasonable doubt
that the death of the child was caused
by the act of the defendant, he must
be acquitted.
But if, on the other hand, the State
has satisfied you beyond a reasonable
doubt that the childs death was caused
by the unlawful and criminal act of
the defendant while stealing and
carrying away the child and its cloth
ing, of which unlawful act against
the peace Of the State, the probable
consequences might be bloodshed, it
is murder, and If murder, the degree
thereof must then be determined.
Explains Statutes
On Murder.
Now, our statute declares, among
other things: Murder, which shall be
committed in perpetrating, or at
tempting to perpetrate any burglary,
shall be murder in the first degree.
The State contends that the murder
in this case was committed in per-
petrating a burglary, and is murder
IN the first degree.
charge you that II murder was
committed in perpetrating a burglary,
it is murder in the first degree. with
out reference to the question whether
such killing was willful or uninten-
tional: and I further charge you, as
requested by the defendant, that in
order to convict this defendant you
must be satisfied, beyond a reasonable
doubt, that the death of the child
ensued from committing, or attempt
ing to commit. burglary. at or about
the time and place in question.
Our statute relating to burglary
says:
ANY person who shall by night
wilfully or maliciously break and
enter any dwelling house with intent
to steal and commit a battery shall
be guilty Of a high misdemeanor."
If, therefore, the defendant by night
wilfully and maliciously broke and en-
tered the Lindbergh dwelling house
with intent to steal the child and
its clothing and to commit battery
on the child, he committed a bur-
glary, and II the murder was commit
ted in perpetrating a burglary, 1t is
murder in the first degree.
Evidence on Killing
Of Child Related.
In the circumstances of this case
you must be satisfied that the window
was shut and that it was raised and
opened by the defendant, and that he
entered the house.
There is evidence from which you
may conclude, if you see At, that the
defendant feloniously, wilfully and
maliciously broke and entered the
dwelling house of Col. Lindbergh in
the night time with intent to steal the
child and its clothing and commit
battery upon the child; that defendant
brought the ladder to the Lindbergh
house in East Anwell township, in this
county, and placed it up against the
house near the nursery window;
shortly after o'clock at night he
assembled the ladder maliciously and
wilfully, opened the closed window
and entered the nursery room; that he
seized the child and its clothing and
carried it out Of the nursery room win
dow, and that the fracture OF the
skull which caused the child's death
was inflicted when the child was
seized by the defendant and carried
out and down the ladder, and when
the ladder broke.
If you find that the murder was
committed by the defendant in per-
petrating a burglary, it is murder in
the first degree, even though the
killing was unintentional.
II there is a reasonable doubt that
the murder was committed by the
defendant in perpetrating a burglary.
he must be acquitted.
Each Must Reach
Own Judgment.
am requested to charge, and do
charge, that each juror must reach
his own judgment, after discussion
Of the facts with his fellow jurors.
II you find the defendant guilty OF
murder in the first degree, you may,
II you see At, by your verdict, and as
a part thereof, recommend impriSon-
ment at hard labor for life. If you
should return verdict Of murder in
the first degree and nothing else, the
punishment which would be inflicted
on that verdict would be death.
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