 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
 | Law reports, digests, etc - 1921 - 1206 pages
...guilt as to exclude every other reasonable hypothesis, and must establish in the minds of the jury an abiding conviction, to a moral certainty, of the truth of the charge, (2S1 SW) and unless this Is done in this case then it ie your duty to acquit the defendant. [3] There... | |
 | Law reports, digests, etc - 1910 - 1386 pages
...comparison and consideration of all the testimony In the case, the Jury cannot say that they have a firm and abiding conviction to a moral certainty of the truth of the charge, it is their duty to find the defendant not guilty. "(4) If you find from the evidence that the defendant... | |
 | Law reports, digests, etc - 1902 - 1302 pages
...that state of the case which, after full consideration of all the evidence, leaves the Jury without an abiding conviction to a moral certainty of the truth of the accusation. But the doubt, to be a reasonable one, must not be merely speculative, imaginary, passive,... | |
 | Law reports, digests, etc - 1888 - 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...to a moral certainty of the truth of the charge." All presumptions of law, independent of evidence, are in favor of innocence. Every person is presumed... | |
 | Nebraska. Supreme Court, David Allen Campbell, Guy Ashton Brown, Lorenzo Crounse, Walter Alber Leese, Lee Herdmen, Henry Clay Lindsay, Henry Paxon Stoddart - Law reports, digests, etc - 1888 - 916 pages
...which, after the entire comparison and consideration of all the evidence, leaves the minds of thejurors in that condition that they cannot say they feel an...to a moral certainty, of the truth of the charge." All presumptions of law, independent of evidence, are in favor of inuocence. Every person is presumed... | |
 | Oregon. Supreme Court, William Wallace Thayer, Joseph Gardner Wilson, Thomas Benton Odeneal, Julius Augustus Stratton, William Henry Holmes, Reuben S. Strahan, George Henry Burnett, Robert Graves Morrow, James W. Crawford, Frank A. Turner, Bellinger, Charles Byron - Law reports, digests, etc - 1888 - 710 pages
...and consideration of all the evidence, leaves your minds in such a condition that you cannot say you feel an abiding conviction, to a moral certainty, of the truth of the charge. It is not sufficient to establish a probability, though a strong one, arising from the doctrine of... | |
 | Law reports, digests, etc - 1888 - 1020 pages
...evidence, the minds of the jurors are in that condition that they can say, from the evidence, they have and feel an abiding conviction to a moral certainty of the truth of the charge. A reasonable doubt does not consist of possible or conjectural doubts, not growing out of the evidence,... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1922 - 722 pages
...other reasonable hypothesis, and must establish in the minds of the 472 TEOTTEK v. STATE. [148 jury an abiding conviction, to a moral certainty, of the truth of the charge, and unless this is done in this case then it is your duty to acquit the defendant." There was no error... | |
 | Arkansas. Supreme Court - Law reports, digests, etc - 1913 - 760 pages
...the evidence in the case, leaves your minds in such a condition that you do not feel that you have an abiding conviction, to a moral certainty, of the truth of the charge against the defendants." At the request of the defendants the court gave the following instruction:... | |
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