>(</,,/. The person assaulted must have
reasonable cause lor believing that there is im
minent danger ol such design being accom
plished.
Consider all the facts and circumstances ol
the killing of (Julrk as yon innytliid them to
have been established by the evidence in con
nection with the law of seif defense as fiisl
given, and if yon then find beyond a reasonable
doubt that the delendent did not kill Quirk in
sell defense, it will be your duly to find the dt
fendant guilty ot some grade of felonious hom
icide.
It you have reasonable doubt as to whether
Quirk was killed in self defense or not, your
\erdiet must he not guilty.
Seel foil 1 i‘B ot the Revised Statutes provides
that the killing of a human being when perpe
trated from premeditated de sign to effect the
death ol the person killed, or ol any human be
ing, shall be murder in the first degree.
It tin* killing of Quirk was not ju**illlalde un
der the law of self defense, and Tern 11 shot him
with premeditated design to kill him, and by
sueh shooting did kill him, Terrill Is guilty of
murder in the find degree.
The words “premeditated design” used ia
t his slat ue. do oof imply !hat nkere must have
been a design long formed in (he mind ot the
slajer before the killing, in order to bring tie*
slaying within murder in the first degree, it
the intent to kill is distinctly formed in tie*
mind of the one who slhjs ihe other before (he
tiring ot tlx-shot that kills, (hat Is “pretimli
fat( and design” within the meaning of the statue.
