Cause Number E. 4010-J. Jury Trial: Volume 8, March 1964 Page: 49 of 170
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.. ,SHIRLEY M. STINEBAUGH
Ccpyriyht 0 1964 COURT REPORTER
Shirley M. Stinebaugh---3 icmeS Muleady1o ELECTRA DRIVE
HOUSTON 24. TEXAS
DhL a.a s _ iT e as HOMSTEAD 8 .088,i
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you will ha occasion n read and study this
again. And I sa: to you that it cannot come in
the wink of an eye. There are some eleven or
twelve elements necessary to form murder with
malice under this Court's charge. It must be
voluntary, it must be intentional, it must be an
unlawful act, it must be done by a person with
sound memory. This is questionable here, isn't
it? That item sound memory? This is questionable
here, as Mr. Belli and Mr. Tonahill will discuss
with you. It must be done by a person with dis-
cretion. Again this will be discussed with you
later. It must be done with a purpose, with means
and ability to accomplish the reasonable and-- -r..<.. :$ .
probable consequences of the act. It must be one
that is not justified in any manner. Insanity is
justification, and that will be discussed with you.
It must be one which is not extenuated in any way.
And murder without malice, as will be discussed,
extenuates the malice. It must be one done with
a heard regardless of social duty and fatally bent
on mischief. These are the things, these are the
elements. You recall Mr. Alexander mentioning,
you recall the questioning in the voir dire, that
the State has the burdon of proof beyond a
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Muleady, James J. & Stinebaugh, Shirley M. Cause Number E. 4010-J. Jury Trial: Volume 8, March 1964, legal document, 1964; Texas. (https://texashistory.unt.edu/ark:/67531/metapth1117898/m1/49/: accessed July 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting The Sixth Floor Museum at Dealey Plaza.