If, based on your consideration of the evidence, you are firmly convinced that the defendant is guilty of the crime charged, you must find him guilty. In re Winship , supra . See Federal Judicial Center, Pattern Criminal Jury Instructions, supra at 17-18. In re Winship , supra . We may assume that they possessed sufficient intelligence to understand that the court intended to tell them that they were to consider not only the evidence that was given in the case but also whether there was an absence of material and convincing evidence.
States adopting such terminology include New Jersey, Arizona, and Indiana.
Victor v. Nebraska, supra at 12. See Solan, supra . People v Goetz , supra .