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and done by those engaged in it, to the knowledge of the defendants in respect to taking the life of Mahon. And if you find that any of them took part in a combination or riot, or tumult, in which the killing of Mahon was incited or instigated, or that any of them took part in an attack upon the officers of such a desperate character that in the ordinary course of things it must incite some of those engaged in it to murder, and that it did
HENRY JONES.
incite Key to murder Mahon, then these are facts from which, if you find the other facts charged in the second count, you may find such of the defendants guilty under the second count.
"Under the law of the United States any defendant may be found guilty of any offense, the commission of which is necessarily included in that with which he is charged. The crime of manslaughter is always necessarily included in the charge of murder, and you are instructed that under the first count of this indictment as to any of the defendants whom you find were either actually or constructively present assisting in the intentional killing of Mahon, but as to whom the evidence does not
