Colorado Reports Volume 41

Colorado Reports Volume 41

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1908 edition. Excerpt: ...a reasonable doubt, that the de fendant did assault the deceased by beating him and knocking him down, and while so doing was resisted and wounded by the deceased with a knife or in some other manner, and that then and thereupon the defendant shot and killed the deceased, you should find the defendant guilty as charged in the information, notwithstanding any wounds, however serious, that he may have received at the hands of the deceased." The instruction 1s objected to upon the ground that it took from the jury the consideration of all degrees of murder except the first. The court had fully, correctly and fairly instructed the jury as to the several degrees of murder and manslaughter, and had instructed them that in arriving at their verdict the instructions were to be considered as a whole. With the exception of this instruction the charge as a whole _was without error. An indictment or information for murder in the first degree includes, also, murder in the second degree and manslaughter, and, as the court had defined the several degrees of murder and manslaughter, the jury could have returned any verdict they believed the evidence justified. The instruction is faulty and should not have been given. As an abstract proposition of law, it is entirely indefensible as applied to the evidence in this case; it incorrectly states the facts and cannot be defended as a correct statement of the law applicable to cases upon facts similar to those stated in the instruction. There is nothing in the evidence to show that the accused sought out the deceased and assaulted him only with the intention of giving him a beating. On the contrary, there is abundant evidence to justify the conclusion that it was the deliberate and premeditated intention...
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Product details

  • Paperback | 220 pages
  • 189 x 246 x 12mm | 399g
  • United States
  • English
  • black & white illustrations
  • 1236887565
  • 9781236887566