...reasonable doubt, that the defendant fired the shot, as alleged in the indictment, and if you further find from the evidence in this case, beyond a reasonable doubt, that such shooting was committed deliberately and was likely to be attended with dangerous consequences,...

...negligently failed to do so. We rulo this point against the appellants. [4] V. Plaintiff's instruction No. 6 was as follows : "The court instructs the jury that, if you find from the evidence that the sidewalk and the place thereon mentioned in evidence was dangerous and not reasonably safe...

...recently stolen. The instruction is as follows: "The court instructs the jury that if you find and believe from the evidence in this case beyond a reasonable doubt, that the automobile mentioned in the information , ^_ was stolen from the witness Hopper as alleged Instruction....

...and as a result thereof a fight ensues, and then invoke the right ot self-defense, and if you believe from the evidence in this case beyond a reasonable doubt that the defendant, or his brother, John Moore, or either, armed himself with a rock, and sought the prosecuting...

...it permit acts to be done in retaliation or for revenge; and therefore if you shall find and believe from the evidence In this case, beyond a reasonable doubt, that the defendant brought on and voluntarily entered into the difficulty with the deceased for the purpose...

...indictment aud in the evidence (if you find from the evidence that such crime was committed), and further find from the evidence in this case beyond a reasonable doubt that, while in the pursuance and execution of such common purpose (if you find there was a common purpose),...

...will now define It to you. A. mutual combat Is one In which both parties enter willingly. * * * If yon find from the evidence In this case beyond a reasonable doubt that there was a mutual combat between the defendant and the deceased, during which the defendant voluntarily...

...mislead the jury. It is also insisted that the court erred In giving the following instruction: "If you find from the evidence in this case beyond a reasonable doubt that the defendants in Miller county, Ark., at any time within three years before the indictment was returned into court,...

...given for the Commonwealth, were as follows: "A." "The court instructs the jury that if they believe from the evidence in this case beyond a reasonable doubt that the defendants, John Pine and Sarah Scott, or either of them, had in their or his, or her possession, in their, or...

...to the case now before us. Further: We think, as we shall develop more fully below, that it appears from the evidence in this case beyond a reasonable doubt that the killing of the deceased, Mann, was "of malice aforethought," so that it was murder at common law, and...