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Mahon, you must find him guilty in the first count. If you find that though Key was guilty of the homicide of Mahon, it was without malice aforethought, the unpremeditated result of a sudden paroxysm of passion upon sufficient provocation, but that the killing was yet unlawful, you may find him guilty of
JAMES TASCAR.
manslaughter, and not guilty of murder. But, the jury are instructed, that no words or actual assault will excuse a homicide, unless the person committing it had reason to fear immediate great personal danger, or extreme bodily harm. Unless you shall believe that the witnesses for the United States in their testimony have greatly perverted the facts attending the killing of Mahon, we do not anticipate that you will have any great difficulty with regard to the charge contained in the first part of the first count. The second part of the first count also charges that the seventeen other persons therein named, and who are here arraigned in court, were present with George S. Key at the alleged murder, aiding, abetting and assisting him to commit it. These parties are charged not with being what are technically in the law accessories, but with being aiders and abettors who were
