25 Del. 405 | Delaware Court of Oyer and Terminer | 1911
delivering the opinion of the court:
The state further sought to show by W., a state detective, an admission made by one or both of the prisoners as to what they had done with the body of the boy after shooting him. Mr. Lay-ton was permitted to cross examine the witness as to whether or not any inducement was held out, which elicited the answer, “I said that the boys were to tell the truth and nothing but the truth in the matter.” Mr. Layton thereupon asked at this point to be
When a confession of the accused is offered against him, he has a right to cross-examine and call another witness on the preliminary question as to whether such confession was voluntary Com. v. Culver, 126 Mass. 464; Brown v. State, 70 Ind. 576; Lefevre v. State, 50 Ohio St. 584, 35 N. E. 52; Roesel v. State, 62 N. J. Law 216, 41 Atl. 408.
The state objected on the ground of irregularity. The objection was overruled and the request allowed. A witness thereupon being called testified that what the witness W. said to the prisoner at the time of the alleged confession was, “Tell us the truth; it will be better for you.”
Mr. Layton thereupon objected to the state proving by the witness W. what the prisoners stated to him in the alleged confession on the ground that,—
Confessions are held inadmissible obtained after persons in authority have said, “It will be better for you,” or like words. Rex v. Grifen, R. & R. C. C. 151; Rex v. Kingston, 4 Carr. & P. 387; Rex v. Enoch, 5 Carr. & P. 539; Sherrington’s Case, Lewin, C. C. 123; Rex v. Thomas, 6 Carr & P. 353; Rex v. Simpson, Moody, C. C. 410; Rex v. Garner, 1 Den. C. C. 329; Kelly v. State, 72 Ala. 244; Reg. v. Hatts, 49 L. T. (N. S.) 780; Ford v. State, 75 Miss. 101, 21 South. 524.
charging the jury:
Gentlemen of the jury: — In this indictment Earl Hugo Brown, alias Hugo Williams, and James Sharp, the prisoners at the bar, stand charged with murder of the first degree for the felonious killing, with express malice aforethought, of John Rogers on the twenty-first day of June last in Georgetown Hundred in this county.
The second count charges that the said Williams, alias Brown, feloniously and with express malice aforethought, did kill and murder the said John Rogers.
The third count charges that James Sharp, at the time the said felony and murder was committed, feloniously, willfully and with express malice aforethought, was present, aiding, helping, assisting, abetting, procuring, commanding and counseling the said Earl Hugo Brown, alias Hugo Williams, in the commission of the felony and murder aforesaid.
The prisoner being indicted for murder of the first degree, it becomes the duty of the court to state to you, as clearly as we are able to do, what constitutes that degree of murder, and we feel it incumbent upon us to tell you also what constitutes murder of the second degree, and manslaughter, because a statute of this state provides that: “A person indicted for murder may be found guilty of either degree of murder, or of manslaughter.”
Murder of the second degree is where the killing was done with implied malice; that is, where the malice is not express, as in murder of the first degree, but is an inference or conclusion of law from the facts actually proved. It is where there is no deliberate mind or formed design to take life, but where the killing was done without justification or excuse and without provocation, or without sufficient provocation to reduce the offense to manslaughter. For example, where the killing was done without design and premeditation, but under the influence of a wicked and depraved heart, or with a cruel and reckless disregard of human life, the law implies malice and makes the offense murder of the second degree.
Malice is implied by law from every unlawful and cruel act committed by one person against another, for the law considers that he who does an unlawful and cruel act voluntarily, does it maliciously. Where the killing is shown to have been done with a deadly weapon, that is, with a weapon likely to produce death, it is presumed to have been done maliciously.
Manslaughter is where one person unlawfully kills another without malice. For example, when one in a sudden affray, or fight, in the beat of blood, or in a transport of passion, inflicts the mortal wound without time for reflection or for the passions to cool.
Gentlemen of the jury, you have listened very patiently and attentively to the presentation of this case, and it will now become
Reasonable doubt in the legal sense, therefore, does not mean a vague, speculative or whimsical doubt, nor a mere possible doubt, but a substantia] doubt, and such a doubt as intelligent, reasona-' ble and impartial men may honestly entertain after a careful examination, and conscientious consideration of all the evidence. If after carefully and conscientiously considering all the evidence in the case you believe that the guilt of the prisoners has been established beyond a reasonable doubt, your verdict should be guilty. If you are not satisfied beyond a reasonable doubt of the guilt of the prisoners, your verdict should be not guilty.
This being an indictment for murder of the first degree you may find the prisoners guilty in manner and form as they stand indicted, that is, of murder of the first degree; or you may find them guilty of murder in the second degree, or of manslaughter,
You may find both of the prisoners guilty or you may find one of them guilty and the other not guilty, or you may find them both not guilty as the law and the evidence in your judgment shall warrant and justify.
Verdict, guilty.