 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
 | James Henry Deering - Law reports, digests, etc - 1900 - 892 pages
...leave the minds of the jury, after they have considered all the evidence in the case, in that state that they cannot say they feel an abiding conviction...to a moral certainty of the truth of the charge," though perhaps not so full and clear as the oft approved definition of Chief Justice Shaw is nevertheless... | |
 | Law reports, digests, etc - 1900 - 1148 pages
...consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say that they feel an abiding conviction to a moral certainty of the truth of the charge; that is, to a certainty that convinces and directs the understanding and satisfies the reason and judgment... | |
 | California, Carter Pitkin Pomeroy - Civil law - 1901 - 668 pages
...is one generally quoted, and has been repeatedly recognized and indorsed as correct in this state. "It is that state of the case which, after the entire...to a moral certainty, of the truth of the charge." This charge of Judge Shaw, as to reasonable doubt, has been adopted as a correct defimtion of the term... | |
 | Idaho - Criminal law - 1901 - 620 pages
...consideration of all the evidence leaves the minds of the Jurors in that condition that they can not say they feel an abiding conviction to a moral certainty, of the truth of the charge. The burden of proof !s upon the prosecutor. All the presumptions of law, independent of evidence, are in favor of Innocence;... | |
 | Law reports, digests, etc - 1902 - 1068 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...conviction to a moral certainty of the truth of the charge. At defendants' request the Judge cautioned the Jury against conviction on Insufficient evidence, telling... | |
 | Law reports, digests, etc - 1902 - 796 pages
...after mature comparison and consideration of all the evidence, leaves the minds of the jurors in such a condition that they cannot say they feel an abiding...conviction to a moral certainty of the truth of the charge, or for which reason can be given,"— it being uncertain whether the clause, "for which reason can... | |
 | West Virginia. Supreme Court of Appeals - Law reports, digests, etc - 1902 - 832 pages
...after mature comparison and consideration of all the evidence, leaves the minds of the jurors in such a condition that they cannot say they feel an abiding...conviction to a moral certainty of the truth of the charge or for which reason W. VA.] STATE v. SHEPPARD. 609 can be given." The phrase "reasonable doubt" is... | |
 | Austin Abbott - Civil procedure - 1902 - 850 pages
...not a mere possibility of his innocence; and that such a doubt is said to exist when the jury do not feel an abiding conviction, to a moral certainty, of the truth of the charge, or where the evidence does not satisfy the judgment of the truth of the charge with such certainty... | |
 | Alabama. Supreme Court - Law reports, digests, etc - 1886 - 744 pages
...expressions of the practical effect of the rule of reasonable doubt, and that the jury should have an abiding conviction, to a moral certainty, of the truth of the charge. There is no rule of law instituting comparisons as to the number of guilty persons it is better to... | |
 | Ohio. Supreme Court - Law reports, digests, etc - 1892 - 742 pages
...satisfactory definition is to be found than that given by Chief Justice SHAW, in the Webster Case: " It is that state of the case which, after the entire...a moral certainty of the truth of the charge." The definition given by BIRCHARD, J., in Clark v. The State, 12 Ohio, 483, is also well established as... | |
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