When a human being- is slain, the law presumes a felony until the contrary appears. While this presumption exists, the private injury is merged in the felony. The Court below erred in refusing to instruct the Jury, that this was good matter of defence, under the general issue, and in instructing the Jury that the plaintiffs could recover for the private injury before an acquittal- for the presumed felony. On these grounds the judgment must be reversed.