The Waterbury Democrat., 1944-10-19
Grand Jury Indicts
 Brooklyn Man
Ccontlnued from Page D

oxford, Arthur K, Hule of North ford, Homer w, Platt and Thom- as Lucas of Milford, Joseph Depa- ola of Meriden, state barber conn missioner; Thomas Y. Reyes, Dan. iel ], Adley James CoogNn, Joseph Boucher, and Michael Me0overn, all of New Haven,
 Judge Munger thanked the iur- ors for their service after the tn- dictment was returned, and then excused them, CoScla will Do taken back to tho New Haven iNil solne- time this afternoon, to await Iial, He Is held without bonds,
 Judge Munger at the start ot his address to the jurors stated they were convened at the request of the states attorney and would be asked to find whether or not suttietent cause is shown for bill of murder. He explained that c grand jury ex- iSts for the purpose of seeing that Q man shall not Do put to trial unless there Is in tho Judgment of at least l2 members of the Jury some reason why he should be submitted to trial,
 The jurist explained that the grand Jury was not called to find whether or not the accused was guilty but merely to present an Nc- eusNtlon, He pointed out that no in- aictment should be returned Ns the result of suspicion or conjecture and that the jurors were to consider If there is reasonable ground to find that the accused had committed an otfenSe,
 Grand jurors should not concern themselves with any defense of the accused, Judge Munger commented,
 Definitions of the various types Of ehArggS arising from 0 killing were given by the court. Judge Munger discussed homicide first of all, ee- flning 1t NS the killing of one hu- man being by another" He said thNt all homicide is not criminal, and gave Ns an example an automobile death. He said that if Q death TO. suits from Nn unavoidable accident, or from Self-defense or at the justl- fable action of an officer of the law, then 1t Is not criminal,
 There are two types of homicide, muder and manslaughter, Judge Munger continued, Murder Is the killing by Q person of sound mind of another person, with malice and forethought, either expressed or iIn- piled, lao said, ManSlaughter does not involve the factor of malice, he added,
 Malice means all.will. hatred, malevolenee felt by one person against another" he continued, He said it involves 'evil desire In gen- Cral, wicked or corrupt motive, and intent to do evil" If 6 transport of passion causes c death that does away with malice, Judge Munger stated, If the man intends the result then there is malice" he commented, At another point, he stated that there Is implied malice in the use of e dangerous weapon,
 First degree murder was described as O "willful, deliberate, and pre-. meditNtetl killing" He said willful means "of ones intent, or Volltlon': deliberate means "eooly or conSld- erAtely"; and premeditated means with an intent formulated before the act" All other murder Is second degree, he said,
 He told the jurors they would be given two bills of indictment, one for first degree murder and the other for second degree murder. If they cannot find c true bill of first degree murder they should endorse the first bill as mot Q true bill" and then consider an indictment of second degree murder, he said, If no criminal homicide Is found then the charge of manSlaughter should he considered, he instructed,
 The accused may offer no evi- denee since he can not make any defense, it was stressed by the jur- ist at the conclusion of the instIvc- tionS,