Modern Jury Trials And Advocates Containing Condensed Cases With Sketches And

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But it is unimportant to further con- sider in this case the subordinate grades of homicide, or even to glance at distinctions that lie below them and outside of the range of crime.
The defendant is charged with murder in the first degree. The fact of the crime is alleged to have taken place in Lawrence county, in the state of Indiana, on the fifth day of March, 1866. The means by which the deceased is alleged to have come to his death, are a pistol shot and several cuts and stabs with a knife.
... It will, therefore, be necessary, before the state can demand a conviction of the defendant, that the evidence shall satisfy you beyond a rea- sonable doubt: ffirst. That the defendant killed Madison Evans; Second. That he killed him in Lawrence county, in the state of Indiana; Third. That he killed him purposely; Fourth. That he killed him with premeditated malice.
If these propositions are proved beyond a reasonable doubt, then you must find the prisoner guilty. Are they so proved ?
It is proved, I think, to the exclusion of all reasonable doubt, that the defendant killed Madison Evans, at the time and place, and with the means, described in the indictment.


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