after taking and hearing the above evidence our opinion is that on the night of the 28th of this Instant the above named Dillard Higgins not having God before his eyes and being instigated by the Devil did voluntarily and of his own accord take a double Barreled Shot Gun and go into the Garden of David Higgins and then and there by the discahrge of one of the barrels shoot and kill himself by inflicting a mortal wound in the lower part of the throat against the peace and Dignity of the State.