The Waterbury Democrat., 1944-11-22

on the night Of the staying; and Anthony Plungisf1 husband of the deceased woman.
 Detective Laden was the last witt ness questioned and the jury delib- erated about 8 half hour before mo- tif1cation was given it was ready to report. No official report was made on the number of jurors voting for the first degree indictment, but a vote by 12 is necessary in order to obtain true bill.
 Judge Munger in giving his in- structions to the jury pointed out a finding of guilt on a first degree murder charges carries a death pen- alty.
 Indications were that Mrs. Zuk- auSkas had signified she would ex- ercise her privilege of not testifying against her husband, and it was re- ported her name was not included on the list of prospective witnesses given to the grand jury by the states attorney.
 Judge Munger in his instructions to the jury stated the 18 men were called at the request of the states attorney to determine whether or not there was sufficient cause to hold ZukauSkaS for trial for mur- der in the first degree, or on any other charge.
 He explained that the grand jury exists for the purpose of seeing that no man shall be put to trial unless there is, in the judgment of at least l2 members of the unit, sound req son why he should be subjected to trial. It is not the function of the grand jury to determine if the &C., cused is guilty or not but merely to decide if there are sufficient facts to justify a trial before a petty jury, he stated.
 The jurors were instructed not to concern themselves with any de. fense. The jurist emphasized they were merely to take up the question of whether or not Zukauskas should face trial.
 Homicide, manslaughter, and the two degrees of murder were defined by the judge, who said the jury first of all was to consider a murder in- dictment in the first degree.
 Manslaughter was described as the killing of another without mal- Ice. while murder was defined as a killing which involves malice. Judge Munger said malice is i'll will, hatred, or malevolence felt by one person toward another" H esaid it involves evil desire in general and an intent to do evil.
 The jurist said there is malice in- volved if person intends the re- suits produced, and added there is implied malice in the use of a dan- gerous weapon.
 "All murders perpetrated by pois- on. lying-in-wait, or any other kind of willful, deliberate and premedi- tated killing are of the first degree" the court stated. All other kinds are Of the second degree, Judgo Munger explained.
 Willful means "of ones intent, violition or choice" while deliber- ate means considered" Judge Munger said. Premeditation in- wolves an intent formulated before the act, he continued, adding "the merest fraction of time that per- mits formulation is all the law re- quires to constitute the element of reconciliation.
 Judge Munger stated the. &C., cused would be allowed to ask questions before the grand jury, but must make no statement to the jury or offer any defense. He said it also was up to the jury to determine if the killing was made by someone of sound mind.
 The jurors first were to consider first degree bill, and if they found there was no true bill on that charge then they were to take up the question of second degree mur- der, the judge stated.