Page:Palmore v. State.pdf/3

250 Rh 10.—Malicious killing.

A malicious killing is not necessarily murder in the first degree; it must also be wilful, deliberate and premeditated, or committed in the attempt to commit some one of the felonies described in the statute.

11.—Reasonable doubt defined and explained.

By a reasonable doubt it is not intended to exclude every mere possible doubt. Where the jury, after consideration and comparison of all the evidence, are satisfied to a moral certainty, of the truth of the charge, they may convict.

12.—Self defense.

To excuse homicide, it must appear that the danger is not only impending but so pressing and urgent as to render the killing necessary; and that the slayer really acted under the influence of such fears as a reasonable person might entertain, and not in a spirit of revenge. The circumstances of the rencontre, the situation of the parties at the time, their threats and their relative strength, should be considered by the jury.

13.—''Same. Instruction upon.''

An instruction, that if the deceased by his manner and words manifested an intent, coupled with acts, to kill or inflict bodily harm upon the defendant, and immediately sought to carry the purpose into effect, the defendant, if in the reasonable fear of such consequences, was justified in taking life: Held, too general and unqualified.

14.INSTRUCTIONS: How tested.

In testing an instruction, every deduction that the jury might have made from the evidence is to be taken as having been proven.

15.EVIDENCE: Burden of proof, instruction, etc.

Where the killing is proved, the burden of proving circumstances that justify or excuse the homicide devolves upon the accused, unless they are developed by the proof on the part of the state, or it is manifest that the offense only amounted to manslaughter. An instruction to this effect, however, should be accompanied by a definition of the degrees of homicide.

16.INSTRUCTION: When it need not be in writing.

The reading of a section of the digest to the jury, as an instruction, is a sufficient compliance with the law requiring it to be in writing.