29 Del. 452 | Delaware Court of Oyer and Terminer | 1917
charging the jury:
The indictment charges that William Prettyman, Adam Hargus and Webster Purnell, the defendants, on the night of September twenty-third, last, at the home of Webster Purnell, one of the prisoners, on Lewes beach in this county, did feloniously, willfully and with express malice aforethought, make an assault
It is also charged that other wounds were inflicted.
There are several counts in the indictment but they differ mainly in the name of the defendant who inflicted the wounds, and in the description of the different wounds. For the purposes of this case we have sufficiently stated the charge; to repeat the varying language of the several counts would confuse rather than help you in the performance of your duty.
The prisoners all deny that they had anything to do with the killing of Parker, and claim that they were not present at the time he is alleged to have been murdered, and knew nothing at all about the commission of the crime.
It becomes the duty of the court, therefore, to explain as clearly as we can these three offenses.
When the killing is done without design and premeditation, but under the influence of a wicked and depraved heart, or with a cruel and reckless indifference to human life, the law implies malice and makes the offense murder of the second degree.
Therefore, we say that if you believe from the eyidence that one of the defendants inflicted the fatal wound, and that the other defendants were present, assisting, counseling or encouraging him by word or act to commit the crime, they would be equally as guilty as the one who actually inflicted the fatal wound.
Verdict as to each, guilty of murder of the first degree.