...state, and before argument, the court gave the following special charge to the jury: "I charge you that if you find from the evidence in this case beyond a reasonable doubt that the defendant, Van Jackson, while operating an automobile, struck and killed the decedent, John Schademan,...

...correction ordained for it is proportionally lenient. (East's Pleas of the Crown, Sec. 4) " If you find from the evidence in this case, beyond a reasonable doubt, that Thomas McGehean did unlawfully kill Thomas S. Myers, without malice, either upon" a sudden quarrel,...

...of misdemeanor, it must be shown that the killing was necessary to effect the object. Heuet, if you find from the evidence in this case beyond a reasonable doubt that the defendant, whilst making the arrest of Debard, struck him with a club or billy, and that Debard died...

...any other person; to publish it iB to make it known or exhibit or deliver it to another. If you shall find from the evidence in this case beyond a reasonable doubt that the defendant in this case did at the time and place mentioned in the indictment knowingly and intentionally...

...right of the deceased, Christensen, as It was that of the defendant; and if you shall find and believe from the evidence In this case, beyond a reasonable doubt, that the deceased was attacked by the defendant when the deceased was attempting to retreat to and through the...

...together with other instructions, gave the following, to which the defendant excepted: "You are instructed that if you find from the evidence in this case beyond a reasonable doubt that the deceased, Smoot, at the time of his death was a telegraph operator and was •working in the depot...

...your duty to find all of the defendants guilty as charged in the inindictment. "(11) I instruct you that if you find from the evidence in this case beyond a reasonable doubt that one of the defendants shot at Eng Chong with a pistol with intent to kill him. the said Kng Chong,...

...instruction complu! md of, which upon examination is found to be erroneous, is as follows: "If you believe from the evidence in this case, beyond a reasonable doubt, that the defendants, or any of them, conspired and agreed together or with others to assault Calvin Cooper by force, or...

...homicide. Still later, however, in the instructions, the court again specifically told the jury: "If you find from the evidence in this case beyond a reasonable doubt that the defendant killed the deceased, Walter Hopkins, but thnt it was without any design to effect the death...

...follows : "The court charges the jury that although you believe after a careful consideration of all the evidence in this case beyond a reasonable doubt that the defendants did have on one or two or more separate and distinct occasion* illicit carnal intercourse with each...