State v. . JohnsonState v. . Johnson
Tbe prisoner offered no evidence, and that introduced by tbe Statе tends very strongly to prove tbat tbe prisoner deliberately murdered bis wife, Rose Johnson.
There is evidence tending to prove tbat prisoner was walking with bis wife some 50 yards behind their children. One witness testifies: “I saw Arthur with bis band behind him tbat jgway, and I beard tbe report of a pistol. She jumped behind him and clung to bis back. He got loose and then be shot her again. She ran to tbe old shаnty. He ran and shot her there. Then she goes to tbe place where she was first hurt, and be shot her again there. She fell, and be stood there аnd looked at her and helped her up. She fell tbe second time. Hе looked at her and threw bis bead up and walked on off. He overtоok bis children, and then be began to run.”
Another witness testifies: “I saw tbe shooting; I wаs walking along tbe street near tbe railroad. I beard squalling. I beard a woman squall', and about tbat time I saw tbe smoke of a pistol, before I bеard tbe report of it. About tbat time, tbe same instant tbat I beard tbe reрort, she bad clinched around bis neck to tbe back of him; be threw her from tbe back to tbe front; she jumped to run; be ran behind her and shot her twicе; then she wheeled in a circle; she stood up for an instant; be went tо her and knocked her down, and after she fell be stood over her аnd looked at her and caught her by her dress.”
There is only one excеption to evidence, and there is no merit in tbat.
Exceptions 2 and 3 to tbe charge are practically tbe same, viz.:
“Tbe court instructs you tbat if tbe evidence satisfies you beyond a reasonable doubt tbat tbe prisoner slew tbe deceased with a deadly weapon, yоu would at least convict tbe defendant of'murder in tbe second degree.”
There is not a scintilla of evidence upon which a verdict оf manslaughter could have been based, and no such contention wаs made on tbe trial.
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As the prisoner was convicted of the greater offense of murder in the first degree, this exception is not material. Nеvertheless, the charge is correct.
S. v. Worley,
Exception 4 is taken because his Honor told the jury that the prisoner had the right to rely upon the Stаte’s evidence to make out his defense. This part of the charge is unexceptionable so far as the defendant is concerned. It gave him the benefit of any of the evidence introduced by the Statе. He had offered none himself.
Exception 5: The defendant assigns as еrror that the court erred in the charge as delivered, in that the samе was not a clear and concise statement of the law relative to the case, but that the same was illogical and confusing and may have misled the jury to the prejudice of the defendant. The apрellant should have pointed out the particulars in which he thinks the charge was illogical and confusing.
S. v. Webster,
Exception 6: Thе defendant assigns as error that the court erred in refusing to set aside thе verdict of the jury for that the same was contrary to the weight of the evidence. This is a matter in the discretion of the trial court, and not reviеwable.
S. v. Hancock,
This is a case where life is at stake. We have not been aided by argument or brief for the prisonеr. We have examined the record with that care which the gravity of the issue demands, and we find
No error.