Show THE DILLON CASE I 1 THIS THE verdict in the dilloo dillon case at aa ogden will scarcely satisfy the public mind he has been convicted of voluntary manslaughter manslaughter as defined in the law jaw is the unlawful killing of a human being without malice it is voluntary when committed commit ded on a sudden quarrel or heat beat of passion the full penalty is five years imprisonment in the penitentiary M W dillon while partly intoxicated shot and killed george mitchell sk a bar tender teader at the broom hotel ogden because he would not drink with him A strong effort was made to show that dillon billon was insane and subject to attacks of epilepsy this failed however verdict shows if he be had been adjudged insane he would have been acquitted it waa wa expected he would be convicted of murder in the second degree the idea that a rowdy drinking reckless person may slaughter a fellow creature without just provocation and escape with so light a penalty as will be pronounced in this case does not comport with the public idea of justice and yet on a critical examination of the law we think it will appear that were justified in their verdict murder either in the first or second degree implies malice aforethought in this case it did not appear that there was any deliberate intention on the part of the defendant to commit a crime in a sudden passion while under the influence of intoxicating drank he be drew his revolver and shot the object of his wrath the law provides that an act committed by a person while intoxicated is no less leas criminal on that account but it also alao provides that when a motive purpose or intent is a necessary ele element klementin mentin in the case the net fact of the defendants intoxication may be con ai si deredin dered in determining as to that motive or latent intent this was doubtless done in the dillon case and aided the jury jn in arriving at their verdict the case was most ably conducted on either side and gave evidence that in criminal law utah ids 49 abreast of other parts of the country so far as the matter of talented advocates is concerned the trial was protracted tr impartially reviewed by the 4 adge and watched with great Iti interest terest by the public and while it may seem that a severer penalty was demanded considering the effects of the crime all things considered the verdict appears conformable to the statute this me case makes a a good temperance lecture if dillon had been a sober man he be would not in all probability have committed this fatal act and stained his bis soul with the blood of a fellow creature if he has the ordinary feelings and conscience of civilized humanity this crime will always weigh upon his mind and be a source of grief and opprobrium we say f nothing of the business which his victim followed but that if he had been bee a better employed he might now have been living iu honor it will be a glad day for the world when the heu fire that inflames inflamed in flames mens passions pas aiona and brings about so much ruin and distress will be quenched qu eneba entirely by the floods flood of reason and intelligence which will sometime gome time surely spread over all the earth |