. The Navassa island riot .. . de or the charac-ter of the weapon with which the fatal act was committed. Thisis implied malice. There cannot be two kinds of malice. Theonly difference between implied and express malice is in themeans of proof. Malice is implied in every intentional homicide,and where a party is found to have committed an intentionalhomicide it is for him to show the absence of malice. If you find the jurisdictional facts set out in the indictment,and under the first count find that George S. Key, on the 14th ofSeptember, 1889, at ISTavassa Island, the place described in thati
. The Navassa island riot .. . de or the charac-ter of the weapon with which the fatal act was committed. Thisis implied malice. There cannot be two kinds of malice. Theonly difference between implied and express malice is in themeans of proof. Malice is implied in every intentional homicide,and where a party is found to have committed an intentionalhomicide it is for him to show the absence of malice. If you find the jurisdictional facts set out in the indictment,and under the first count find that George S. Key, on the 14th ofSeptember, 1889, at ISTavassa Island, the place described in thatindictment, and by the means described in the indictment, didfeloniously, wilfully, and of his malice aforethought, kill James 10 Mahon, you must find him guilty in the first count. If you findthat though Key was guilty of the homicide of Mahon, it waswithout malice aforethought, the unpremeditated result of asudden paroxysm of passion upon sufficient provocation, butthat the killing was yet unlawful, you may find him guilty of. JAMES TASCAR. manslaughter, and not guilty of murder. But, the jury are in-structed, that no words or actual assault will excuse a homicide,unless the person committing it had reason to fear immediategreat personal danger, or extreme bodily harm. Unless youshall believe that the witnesses for the United States in their tes-timony have greatly perverted the facts attending the killing ofMahon, we do not anticipate that you will have any great diffi-culty with regard to the charge contained in the first part of thefirst count. The second part of the first count also charges thatthe seventeen other persons therein named, and who are here ar-raigned in court, were present with George S. Key at the allegedmurder, aiding, abetting and assisting him to commit it. Theseparties are charged not with being what are technically in thelaw accessories, but with being aiders and abettors who were 11 present—sometimes called principals in the second degree. Andalthoug
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Keywords: ., bookcentury1800, bookdecade1880, booksubjecttrials, bookyear1889
