The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-30

nit the court either 10 express directly
or indirectly 70 he jury al OPINION upon
the facts OF the case. the weight og the
sufhclency OF the testimony. OF the Crcl-
bIllty OF the w1tne>,e~ TAc~ are matters
exclusively Tor the jury. and Il during the
progress OF the trial from anything -.
court has said you have concluded that
the court think, one way or another
about any OF these matters you must
d.Sest yourself Of such conclusions Or I'm
pie~>lon>. The court has not consciously
done or said anything TO influence the
jury in any way upon any % these mA:-
ter. bat II any such impression ha~ been
made upon the mind Of any one 81 the
jurors you must not permit yourself 10 be
Influenced thereby.
II i the duty Of the Jury 10 take
the law from the court and the evidence
from the witnesses. You 10 not TAKE the
law from the counsel on either side. nor
from the law books read IN your hearing.
but you must take the lax from the
court. You viii determine what fact,
have been established by the evidence and
to these facts you Viii apply the rules OF
the law gwen YOU by the court and re
turn your verdict accordingly. resardle~~
OF consequences either TO the State or the
defendants. and without regard 10 What
the people or the counsel may say or
think about it. You Will not permit your
selves TO be influenced BY popular elamor
II there be any.
1t is the duty Of the jury 10 agree
upon a verdict If they can Consclcuuou~ly
do 80, but before returning a verdict each
juror must agree ana consent TO II. NJ
juror Is required to surrender hi honest
or conscientious conviction merely because
other jurors may be OF a contrary opIr-
ion. But no juror l. justified IN refusing
TO agree to a verdict merely from PRIDE
OF opinion.
But it is the duty of each juror 10
consider the evidence. to reason with ms
associates about il and honestly cndcavor
to agree upon a verdict. and before con.
victing a defendant each OF you must be
satisfied beyond a reasonable doubt OF ms
guilt. 1t is your exclusive province to
pass upon the guilt or innocence OF the
defendants. You can not convict any de.
PENDANT upon mere probability oil his guilt
or even upon strong suspicion thereof.
but before conyicting a defendant you
must be satisfied OF his guilt beyond i
reasonable doubt, or as it Is sometimes
expressed TO a moral certainty. or fully
satisfied of his guilt. all of which ex-
presSlonS mean the same thing The
rule does not require the guilt Of a De.
PENDANT to be established beyond all doubt
OF beyond any doubt or beyond a doubt,
but 1T does require the guilt Of a defend
ant to be established by the evidence he
You'd a reasonable doubt and a reasonable
doubt IS q doubt which has some reason
arising either out of the evidence or from
lack of evidence for It's basis In tins case
the State relies upon direct evidence. that
is, the evidence of an alleged eyewitness
as we'll as upon circumstantIal evidence
by circumStantial evidence il meant
evidence of such facts connected with and
surrounding the commission OF the crime
charged as tending TO show the guilt or in
nocence of the parties charged with the
crime, and when the State relies upor.
circumstantial evidence alone. the evi.
dence should be clear, convincing and con