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4
In addition to the forgoing facts it was shown at the trial that Rice had been considered by those who knew him as a peacefully disposed man, and a man of good character Powell had been engaged in previous difficulties, and had served out a term in jail for the offence of petit larceny.
In this instance it did not appear that Powell was actuated by any motive other than by a mere effect of braggadocio. The parties had had no previous difficulty, but were on good terms with each other. Probably Powell intended no insult whatever. The moment he saw that Rice was enraged, he carried the matter no further - not even attempting to defend himself.
In going 75 or 100 yards to another building for his gun it would seem that the heat of passion into which Rice was temporarily thrown by the severity of the blow which he received, had a sufficient time in which to subside, and it would therefore appear that he shot Powell deliberately and maliciously