Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-06-14

not consider and respect the views n
nus teilow Jurors, but when he has ac.
'oiueu 10 them all proper consideration
anu respect II reasonable doubt re.
mains IN his mind, he should vote moi
guilty. IVY "''
H. Clrcumstantial evidence IN Grim.
lhai cases Is competent and Is of the
same iorce and effect as any other evil
denee, provided the facts and circun.
stances, when taken all together. are OF
such character as to satisfy the minds
on the jury beyond a reasonable doubt
tnat the defendant is guilty. This
KIND OF evidence is the proof OF such
tacts and circumstances connected with
OF surrounding the preparation of the
crime charged as tend to show the
sullt or Innocence OF the person ae.
eusedi and II these facts and circum-
stances, when considered all together
are sufficient TO satisfy the minds of
the jury of the guilt OF the defendant
beyond reasonable doubt then such
evidence is sufficient to authorize a
conviction; but II such facts and cir
cumstances, when considered all togeth-
er, are capable OF explanation upon any
other reasonable hypothesis than that
me defendant is guilty, then such evi.
oence VIII not warrant a conviction.
The prosecution claims that the evil
dence In this case Is made up Of a chain
OF circumstances and facts. or links
SO connected together. that they lead
up with all reasonable certainty to the
uefendants guilt | charge you that
IN order 10 convict the defendant upon
this class Of evidence you must be
satisfied beyond reasonable doubt
al "a
link In the chain, has been proven: and
II you have a reasonable doubt that
any material fact or link constituting
the chain Of circumstances has been
proven. then you should acqult the de-
PENDANT
IL All Prescriptions Of law, indie
pendent OF evidence. are In favor OF IN
nocence. and man is presumed 10 be
innocent until he is proven guilty be-
yond reasonable doubt. This pre-
sumption attends a defendant at every |
step OF the trial.. and you are bound To |
presume him Innocent until he is prov |
en- guilty beyond reasonable DOUBT. |
ana In case OF reasonable doubt |
whether his guilt Is satisfactorily |
shown. he Is entitled 20 an acquittal.
IL. IL you believed from the evidence
That the character Of the defendant for
peace and quiet was good, you should
consider II as bearing upon the prob
ability as t0 whether he would. with
such character, be likely. without
provocation, TO do an unlawful act OF
violence. Evidence OF good character
Is Important. and in a doubtful case.
favor.
II. Under the law Of this state n de-
iendant IN a criminal case may. n he
chooses TO do so. testify IN his own be-
half, but II he does not offer himself
as witness. that fact shall not IN any
manner prejudice him nor be used
against him on the trial, and you are
instructed TINT you must not take into
nor in any manner be in
huenced BY the fact that the defend.
ant did not testify in this case
p, In every crime or public offense
there must exist union or co.opera-
non OF act and intent or criminal negli- ,
zence. The intent or intention is man
Tested by circumstances connected ,
With the ofense. and the sound mind ,
md discretion OF the accused.
10. II you believe any witness has
testified falsely as to any ma.