...attacked may shoot and kill the assailant and some where the law will not justify the shooting. "If you believe from the evidence in this case beyond a reasonable doubt that Stanley Pemberton was not armed and that the defendant Jim Davis was armed with a pistol, and if you...

...in the indictment. The instruction was as follows : ''The court instructs the jury that if you find from the evidence in this case, beyond a reasonable doubt, that the defendants Benzoin Spira and Nathan Spira, and Ben Fink, prior to the commission of the crime charged...

...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, and you...

...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 from the...

...other person, by the drawer, Cabell Whitehead, or any one by him authorized. And if you shall find and believe from the evidence in this case beyond a reasonable doubt that the defendant personally wrote, made, and signed the check, and affixed thereto the name of Cabell Whitehead, without...

...the 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...

...recommend the following as a proper instruction in this character of case: "The court instructs the jury that if they believe from the evidence in this case beyond a reasonable doubt that the defendant, Sam Remer, in this county and state, on or about the 1st day of February, 1908, did sell whisky in...

...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 of the...

...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...

...larceny, as charged in the first and second counts of the information, and if it has been made to appear from the evidence in this case, beyond a reasonable doubt, that the defendants Walter Berger and Chas. McKenzie, or Walter Berger, Chas. McKenzie, and others, had entered...