State v. Dull

Citations

• 67 Kan. 793
• 71 P. 235
• 1903 Kan. LEXIS 333

Syllabus

<p>SYLLABUS BY THE COUBT.</p> <p>3L. Homicide — Proof of Motive Not Indispensable. In contemplation of law every sane man is presumed to intend the natural and reasonable consequences of his own act. Hence, on the trial of one charged with murder, if it be proved beyond a reasonable doubt, to the satisfaction of the j ury, that defendant killed the deceased, proof of the motive which actuated the defendant thereto, while always proper, is not indispensable.</p> <p>2. -Malice Inferred from Deadly Weapon. When on the trial of one charged with murder the accused denies all knowledge of, or participation in, the act of killing, it is proper for the court to instruct the jury that, if it be found from the evidence beyond a reasonable doubt that defendant killed deceased with a deadly weapon, malice in law may be inferred from the fact that defendant used a deadly weapon.</p>