The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-02-19

intent which Is here essential may be
inferred by the jury from the facts OF the
case, you will look TO the proof, il any, in
order TO determine the guilty intent OF the
defendant on the night IL is alleged he
attempted to commit the crime OF larceny,
such us TO his having provided himself
with suitable instrument TO effect such
n design; his being ut the ginhouse of the
prosecutor on very dark and rainy night
between the hours OF 8 and o'clock,
without any apparently legitimate BUSH
ness; his effort 10 make his escape on
being found at the place by the guard at
this time; the manner OF carrying the
sack concealed under his coat; his unsatis-
factory and improbable explanation given
of his being at the ginhouse at that un-
usual hour OF the night, or other and like
circumstances, II made TO appear. On The
other hand, II YOU should be satisfied
from the proof that the intention Of the
defendant in going TO this ginhouse on
that night was TO get his sack left there
during the day inadvertently, and il was
his further purpose then 10 30 on TO the
prosecutors dwelling.house 10 see him
on business OF some other character,
although he should have been arrested
while coming out Of the ginhousc,
II you find these TO be the true facts Of the
case, then in that event your verdict
should be not guilty. Tho presumption
OF law is that the defendant is not guilty
Of any crime, and this presumption stands
as witness for him until il IL rebuttcd
and overturned by competent and crcdita-
BILE proof. II is incumbent upon the
State, before you can convict tho defend
ant, TO prove to your satisfaction and be-
yond reasonable doubt the guilt Of de-
PENDANT Of the crime charged in the in.
dictmcnt. A reasonable doubt is an hon
est misgiving as 10 the guilt OF defendant
after a careful and full investigation Of the
whole proof and failure after such invcs-
tigation 10 let the mind rest easily upon
the certainty OF guilt or innocence. ABB
sOlute certainty OF guilt IL not demanded
by the law 10 convict OF any criminal
charge, but moral certainty IL required an
TO every proposition Of proof requisite to
constitute the oiTcnse charged.
You will take all the evidence in this
case, both for tho State and the defendant,
and give II q full, fair aud impartial con-
siderntion. II you should find conflicts in
the statement OF different witnesses IL is
your duty to reconcile them II you can,
III wv Jaw IlNnulllfn lllhA tNAll VIII
ness has sworn tho truth, but IL
you cannot the law makes you the sole
and exclusive judges Of the credibility OF
the witness and the weight to be given
his testimony. In nscorlaining the crcdi.
bility Of q witness you may look 10 the
proof, II any, ~ 10 his general character,
the manner and domcanOr of the witness
on the stand, the consistency or incon-
sistency OF his statements, their probable
ity or improbablity. his ability and will
ingncss 10 speak iho truth, his intcli-
gcnce and means Of knowledge, his motive
10 speak the truth or 10 swear falsohood.
When you retire 10 consider of your YER
lict, and after carefully weighing the evil
lencc both 10y the statc aud the defend
ant II you are satisfied to moral Ger.
tnniy and heyond reasonable doubt af
The defendants guilt Of the crime
charged, aud ~ explained 90 you, your
verdict will be that YOU 80 find him guilty
rs charged. and you will fix his punish
mcni 10y Imprisonment in the pcnicntiary
# the State not exceeding live years, or by
imprisonment in the county Jail not more
han one year, aud by fine not exceeding
300, nj the discretion Of the jury II,
however, you should not bc satisfied OF
lac defendants guilt beyond n reasonable
loubt, then IN that event your verdict
Will be not guilty.