Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-02-28

regarded as most fair Numerous eY-
ceptions were taken 10 various Sec
lions, however. by the defense. This
was not unexpected as an appeal
would have been taken had the de-
PENDANT been convicted.
The portions of the Instructions
which We're nf special bearing upon
the case we're
The burden of proof rests upon the
state to prove all the essential facts
constituting the crime charged. TO
your satisfaction beyond a reasonable
doubt .....It is not sufficient that
one or any part of these facts be
proven hey a reasonable doubt,
but II Is necessary in order to Justify
a verdict of guilty, that each and all
such facts be proven to the satisfac-
uon of the entire jury and beyond a
reasonable doubt.
ABOUT ACCOMPLICEs.
Under the laws of this state, a
person cannot be convicted of a
crime upon the testimony of an ac-
complete, unless such testimony is
corroborated by other evidence, which
IN itself and without the aid of the
testimony OF an accomplice tends to
connect the defendant with the COM
mission of the offense: and the cor
roboration Is not sufficient II II mere
tense or the circumstances thereof
The corroborative evidence need not
be sufficient of itself to establish the
guilt of the defendant, but ii must
tend in some degree TO implicate and
connect the defendant with the COM
mission of the crime charged, and 1t
is not necessary that the testimony Of
an accomplice should be corroborated
in every circumstance which he de-
tails in evidence.
"AND THEY DID"
If you should find from the evil
dence that William st. Clair (Wil-
liam BeiD or James Donaldson We're
either or both accomplices in the
commission Of the crime with which
the defendant is charged, then You
should eliminate from your consider
alton the evidence In the case, with a
View to ascertain II there be evidence
tending to connect the defendant with
the offenses charged. and If after
such consideration and examination,
you should find no such evidence, you
should return verdict ofsnot guilty;
but IL after such examination and
consideration, you should find that
there is such evidence, then you should
consider all the evidence In the case,
including the evidence of such ac-
complete or accomplices, and deter
mine tneretrO1n, unuer the rules given
you in these instructions, the ques-
ton of the guilt of the defendant.
DUTY RE-EXPLAINED.
You are instructed that a mere
preponderance of the evidence in ia
vor of the prosecution is not sufficient
to convict the defendant Before he
can be convicted each juror must he
convinced of guilt beyond "a rea-
sonabe doubt
WEIGHING WITNESSES.
"If you believe any witness has viii
fully testified falsely as to any ma
terial fact in this case, you are at
liberty to disregard the whole or any
part of the testimony of such Wit
ness, except as he may have been
oorroborated by credible witness, or
credible evidence in the case.
IAN accomplish cannot be compell-
ed to testify, and IL he voluntarily
gives evidence, then in determining
his credibility and the weight that
should be given to his testimony, you
should take into consideration amy
motive, so far as the same appears
from the evidence, or from legitimate
differences to be drawn from the facts
proven, which he may have for CIV
ing such evidence"