004

Given
Objected to

To make one a principal in murder it is
not necessary that he should inflict the mortal
wound with his own hand; it is enough if
he were present aiding and abetting in the
act; and therefore if the jury are satisfied
from the evidence beyond a reasonable
doubt that either the prisoner John D Lee
or either of the parties indicted jointly with him
or any persons
acting in concert with, or in and or abettal of
John D Lee, with malice aforethought and wilfully deliberately and premeditatedly
at the place charged in the indictment
killed any one or all of the persons described
in said indictment the jury must then find a
verdict of guilty against the prisoner John D.
Lee for murder in the first degree; and
the burden of proving that the killing was
done wilfully deliberately and premeditatedly
and with malice aforethought rests upon the prosecution, and they must
show those facts beyond a reasonable doubt
and in determining these facts, the jury
should look to the fact of killing in connection
with the attending facts as shown
by the evidence