Jury Asks For Malice Murder Instruction Re-Read In Gas Station Owner’s Murder Trial

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[00:00:08][clears throat] >> And following we got your note about wanting us to read instructions again.

[00:00:31]Is there a specific provision in the instructions you had in mind or did the jury want to have the entire thing read in?

[00:00:39]>> They do not want the entire thing read in.

[00:00:42]>> Okay.

[00:00:42]>> Um we didn't know that we could have a portion of it read.

[00:00:45]>> Okay.

[00:00:46]>> Um but we did want to um go over um the aspects of malice, what constitutes malice.

[00:00:59]>> All right.

[00:00:59]How's it?

[00:01:00]>> Yes, and you know, um someone had spoke about, you know, you know, what is the charge of murder and what are the things that would make him guilty of murder. And I think that's one in the same when you're talking about murder.

[00:01:14]>> Okay. Well, that's what we need to know.

[00:01:16]If you'll stand up while you can just say >> Okay.

[00:01:18]>> And you can get I you all what I think I'll do is I'll just read the entire murder section um and stop after that. We get into this this cuz I think it flows right into the section now about how to stop the section.

[00:01:33]I think I have to think about that.

[00:01:35]Thank you, gentlemen. Permission.

[00:01:40]I will bring in the remaining of the jury, please say.

[00:01:42]>> Yes, sir.

[00:01:44]>> [snorts] >> Please be seated, ma'am.

[00:03:08]>> Thank you, sir.

[00:03:09]All right, ladies and gentlemen, you're very I understand you'd like to be recharged on how we define murder.

[00:03:18]So, I'm going to recharge you on the murder portion of the instructions.

[00:03:28]>> The defendant is charged with one count of murder. The state must prove beyond a reasonable doubt that the defendant killed another person with malice aforethought.

[00:03:38]Malice is hatred, ill will, or hostility towards another person.

[00:03:43]It is the intentional doing of a wrongful act without just cause or excuse and with an intent to inflict an injury or under circumstances that the law will infer an evil intent.

[00:03:55]Malice aforethought does not require that malice exist for any particular time before the act is committed, but malice must exist in the mind of the defendant just before and at the time the act is committed.

[00:04:09]Therefore, there must be a combination of the evil intent and the act.

[00:04:13]Malice aforethought may be expressed or inferred. These terms expressed and inferred do not mean different kinds of malice, but merely the manner in which malice may be shown to exist.

[00:04:25]That is either by direct evidence or by inference from the facts and circumstances which are proved. Express malice is shown when a person speaks words which express hatred or ill will for another, or when a person prepared beforehand to do the act which was later accomplished. For example, lying in wait for a person or any other acts of preparation going to show that the deed was within the defendant's mind would be express malice.

[00:04:53]Malice may be inferred from conduct showing a total disregard for human life.

[00:04:58]If facts are proven beyond a reasonable doubt sufficient to raise an inference of malice to your satisfaction, this inference would simply would be simply an evidentiary fact to be considered by you along with the other evidence in the case. You may give it the weight you decide it should receive.

[00:05:17]That's it.

[00:05:19]I'm going to excuse you back to your jury room.

[00:05:21]>> And if you have any other questions, any other questions, let us know.

[00:05:24]>> Okay. Thank you.

[00:05:48]>> All right, any exceptions from the state?

[00:05:50]>> Yes, sir.

[00:05:51]>> Anything from the defense?

[00:05:52]>> No, your honor.

[00:05:54]>> All right, we'll be at ease.

[00:06:25]All right, we'll be at ease.