Year: 1870

kills B, such killing would be anslaughter- where


man attempts to steal horse of less value than


$50, which would be misdemeanor, and in such at
tempt unintenhOnaHy kills some human being, such


person would be guilty of manslaughter but if such


horse be Of the value of $780, more the stealing of


which would be.a felony, and death should unnten-


tionaly result the slayer would be guilty of murder


in the second degree; or, 3d-if person should fire
gun III town, or city, at bird on the roof of


house, in such way that the ball would in all proba-


bity not go beyond the inhabited limits of the place.
and such ball should come down upon some one and
cause the death of some human being, such person


would be guilty of manslaughter. .l.. -..f
Any killing of human being by another, under


any circumstances is homicide and if not murder in


the hrst or second degree, mansaughter is excus-


able or justifable. Homicide is excusable when q


person. in doing lawful act. without any intention


OF killing yet unfortunately kills another 1t is JUS


1hable when done in defence of ones person prop
erty against one who manfestly intends by violence
or surprise, to commit felony against such one,
as where attempts to kill B, and b, to his own
life kills A. bare fear on the part of that in
tends to commit felony against himself or property
is not sufficient; but the necessity which justiies
man in killing another, and which will make case Of
seldefence out of it. 'naust be urgent end press
ing that in order to save his own fe the person kill


ing was bound to take the life of the assalant 'and


it must appear also that the person killed was the as
saant that the slayer had really and in good faith
endeavored to decline any further struggle before the
fatal blow was given. 1t must appear that the cir
cumstances were sufficient to excite or cause rea-
sonable man to fear that felony would be commit
ted against him by another and that he acted under
the influence Of those fears and not through revenge.


Gentlemen, ] have charged you to much greater
extent than had intended but the increase of crime
In the country demands of you rigid investigation
of all cases of homicide especially y-actng as have
no doubt you will with eye single to justice and
to the majesty of the law. have every confidence
to believe that you will be jealous in the discharge of
your duties; that in all your deliberations you will
rise above the sordid biased and excited influences
which almost always surround cases of homicide and
that you will turn deaf to all threats or batteries
which may be brought to bear in favor Of against


particular defendant, and act entirely upon the evil
dence presented to you; and when you have acted
thus boldly and fearlessy you will not only be met
with the appreciation Of good conscience, but with
the communication OF law-abiding and law-loving
people. Be as expeditions the circumstances sur
rounding your deliberations will permit so that the
burdens Of an enormous taxation, under which our
county now labors, may be lessened as speedily as
possible Meet out equal and exact justice to all per-
sons in whose cases you have to act whether they be
1ch or poor high or low, so that it may always with
ruth be said OF you that you knew your duty and
moving, dared to do it.