 It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the...  A Treatise on the Law of Evidence - Page 30by Simon Greenleaf - 1853Full view - About this book
 | Isaac Grant Thompson - Law reports, digests, etc - 1871 - 670 pages
...16 NY 58. Reasonable doubt is defined by Chief Justice SHAW, in Co-mv Webster, 5 Cush. 320, to be " that state of the case which, after the entire comparison...to a moral certainty, of the truth of the charge." This degree of certainty is never required in civil cases, but is required in criminal cases, by reason... | |
 | Nevada. Supreme Court - Law reports, digests, etc - 1871 - 472 pages
...of the case which, after comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they...a moral certainty of the truth of the charge. The jury must be satisfied from the evidence of the guilt of the defendant beyond a reasonable doubt, before... | |
 | Boyd Crumrine - Law reports, digests, etc - 1872 - 636 pages
...full belief of the fact. If, after the comparison and consideration of all the evidence you cannot feel an abiding conviction, to a moral certainty, of the truth of the charge, you should acquit; for it is not sufficient to establish a probability, though a strong one, arising... | |
 | Law - 1873 - 464 pages
...CHARACTER : REASONABLE DOUBT. 1. A reasonable doubt defined as " that state of the case which, after comparison and consideration of all the evidence,...to a moral certainty, of the truth of the charge." 5Cush.320. Sup. Ct. Cal., People v. Ashe, 2. When the prosecution has established that a crime has... | |
 | California. Supreme Court - Law reports, digests, etc - 1873 - 762 pages
...the case which, after the entire comparison and consideration of all the evidence leaves theifninds of jurors in that condition that they cannot say they...feel an abiding conviction to a moral certainty of tlie truth of the charge; * * * a certainty that convinces and directs the understanding, and satisfies... | |
 | Nicholas St. John Green - Criminal law - 1879 - 838 pages
...another in the important affairs of life." The definition given by Mr. Chief Justice Shaw is better: " It is that state of the case which, after the entire...conviction to a moral certainty of the truth of the charge ; .... a certainty that convinces and directs the understanding, and satisfies the reason and judgment... | |
 | L. B. Horrigan, Seymour Dwight Thompson - Self-defense (Law) - 1874 - 1132 pages
...case which, after the entire comparison and consideration of all the evidence, leaves the mind of the jurors in that condition, that they cannot say they...to a moral certainty of the truth of the charge." This degree of certainty is never required in civil cases, but is required in criminal cases by reason... | |
 | Francis Wharton - Criminal law - 1874 - 834 pages
...case, which, after the entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition, that they cannot say they...an abiding conviction to a moral certainty, of the charge." i/ Burden of proof . — In an ordinary issue before the jury, when the defendant sets up... | |
 | California - Criminal law - 1874 - 712 pages
...consideration of all the evidence, leaves the minds of jurors in that condition that they cannot Bay they feel an abiding conviction, to a moral certainty, of the truth of the charge, * * * a certainty that convinces and directs the understanding, and satisfies the reason and judgment... | |
 | Law - 1874 - 844 pages
...consideration of all the evidence, leaves the minds of the jury in that condition that they can not say they feel an abiding conviction to a moral certainty of the charge :" Моче vs. State, 36 Ala., 211. We are now brought down to the last branch of our subject,... | |
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