 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
 | George Wesley Hale - Police - 1892 - 306 pages
...consideration of all the evidence, leaves the minds of jurors in that condition that they cannot say that they feel an abiding conviction to a moral certainty of the truth of the charge. It is not beyond all possible or imaginary doubt, but requires such proof as precludes every reasonable... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1894 - 724 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, — a certainty that convinces and directs the understanding, and satisfies the reason and judgment... | |
 | 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 - 1894 - 694 pages
...the mind of the jury in that conOpinion of the court — BEAK, J. dition that they cannot say that they feel an abiding conviction, to a moral certainty, of the truth of the charge. A reasonable doubt is not every doubt; it is not a captious doubt: it is such a condition of mind,... | |
 | Frank Sumner Rice - Criminal procedure - 1894 - 1062 pages
...careful examination of all the evidence in the case, in that condition that you cannot say you have an abiding conviction, to a moral certainty, of the truth of the charge here made against the respondent." A reasonable doubt is one arising from a candid and impartial investigation... | |
 | Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1895 - 732 pages
...an inhabitant of this State when the divorce was granted. A reasonable doubt is not a mere possible doubt. " It is that state of the case, which, after...to a moral certainty, of the truth of the charge." Commonwealth v. Webster, 5 Cush. 295, 320. Proof beyond a reasonable doubt is such evidence as establishes... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1895 - 1008 pages
...doubt when, after the entire comparison and consideration of all the evidence, they cannot Bay that they feel an abiding conviction, to a moral certainty, of the truth of the charge: Commonwealth v. Webster, 5 Cush. 320; 52 Am. Dec. 711. Proof " beyond a reasonable doubt" is such proof... | |
 | William John Tossell - Law reports, digests, etc - 1906 - 870 pages
...guilty of contempt, the charge must be proved beyond a reasonable doubt — that is, the court must "feel an abiding conviction to a moral certainty of the truth of the charge." Morgan v. State, 48 Ohio St. 371 [27 NE Rep. 710]. The evidence in this case shows that O'Leary and... | |
 | Law reports, digests, etc - 1895 - 1250 pages
...evidence, the minds of the jurors are in that condition tiiat they can say. from the evidence, they have an abiding conviction, to a moral certainty, of the truth of the charge; but mathematical certainty is not required." The criticism on this instruction is that the expression,... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1896 - 1066 pages
...the case which, after the entire comparison and consideration of all the evidence, leaves the min.U of jurors in that condition that they cannot say they...to a moral certainty, of the truth of the charge"; and this definition, though sometimes critiei-.ed, is generally considered as good a definition of... | |
 | Burr W. Jones - Civil procedure - 1896 - 718 pages
...other words, if after the comparison and consideration of all the evidence the minds of the jurors are in that condition that they cannot say they feel an...a moral certainty of the truth of the charge, the prosecution fails.1 On its civil side the law furnishes abundant illustrations that the burden of proof... | |
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