George Shiras, Jr.

“ The instruction was that using a deadly weapon, not previously selected with a purpose to use it, was, when used in circumstances of the kind shown, a case of manslaughter. Thus there was a necessary implication that if the pistol had been previously procured, with a view to using it in self-defense, the defendant would be guilty of murder, if he discharged the pistol with fatal effect, even while defending himself from an attack threatening his life. ”

“ There could be nothing else but this distinct grade of crime known as murder, because self-defense, as I have before defined to you, contemplates the doing of something upon the part of the one slain, or the ones acting with him, that was either actually and really so apparently of a deadly character, or which threatened great violence to the person, or that which seemed to do so. ”

“ By this instruction the jury were shut up, in effect, to find either manslaughter or murder. The claim of self-defense was excluded; or, rather, self-defense was eliminated, if the sticks were not 'deadly weapons.' In this we think there was error. In one sense, it may be true that sticks or clubs are not deadly weapons. Carrying them does not import any hostile intent, nor, even in view of an expected affray, a design to take life. But when a fight is actually going on, sticks and clubs mayb ecome weapons of a very deadly character. ”