Garibaldi

Gentlement of the Jury:

The .prisoner has been indicted by the Grand Jury of the county and charged with the murder of Richard Smith. , To the indictment the prisoner has pleade d not guilty.” The issue thus formed, whether or not he is guilty of the offense charged against him, or of any other offense which is necessarily included in that with which he is charged in the indictment, you have been emp&nneled as a jury to try and determine by your verdict.

It is my duty to declare'to you such matters of law gs I may think pertinent to the issue, and necessary for your information ¡ ^nd although I can state the testimony, it is exclusively your province to -consider, judge 'of, and apply the facts as disclosed by feat testimony.

If you come to the conclusion that deceased earn® So Ms death from, the immediate effect of a wound, inflicted wife a knife Toy the defendant, then,he must be guilty either of murder in the first degree? murder in the second degree, manslaughter? or excusable wjmtifiiaMe honir ieide. These are severally defined by our statute law as fellows; (which the court here read to the jury).

In, a criminal action the defendant is presumed, to be innocent until fee…