The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-09-08
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therefore. that the evidence creates a
suspicion proba bility of guilt, no
mater how strong; The accused is in
such a ease entitled to an acquittal
the actual exclusion of every reason
able hypothesis Of his innocence.
II; The failure of the evidence TO
disclose any other criminal agent than
the accused is not circumstance
which may he considered by the Jury
in determining whether or not he
he is charged. The prisoner is pre-
sumed to be innocent until his guilt Is
established, and he is not to be preju-
diced by the inability OF the Common
wealth 10 point TO any other criminal
| agent nor Is he called upon TO vim
dictate his own innocence by naming
the guilty person.
10 While it is proper for the Com
monwealth to show motive for the
commission OF murder. it is not an
Indispensable element of the crime.
| in this case, where the evidence Is
wholly circumstantial with the ex-
ception OF the testimony of Paul Beat
tie as to the alleged confession Of the
ac9used). the absence of evidence Of
an !nducivc cause or motive to com
init the oTense charged. II such evil
dence be lacking, is OF itself a strong
presumption OF innocence
When the evidence fails to show any
motive TO commit the crime charged.
on the part of the accused. this is a
|
/ cence And, IN this case. If the jury
I ind. upon careful examination of all
the evidence. that 1t fails to show
any motive on the part OF the accused
to commit the crime charged against
| him. then this is circumstance which
| the jury ought to consider in conncc-
ton with all the other evidence in the
Confession out of Court.
| l6. The confessions of prisoner out
J of court are n doubtful species OF evil
md oh 10 .nta 1.
the Jury with great caution. and IL
I the witness testifying to the confess
sion has motive for testifyinE there
! to. or. II the facts brought out In the
alleged confession are favorable or ad-
Vantageous to the witness detailing
/ the confession, then the jury ought
not to convict upon such confession
alone unless after n careful examine
! tion of the same and all the circum-
stances under which II was made, they
are satisfied beyond, reasonable
H. Evidence Of good character
should be considered by the jury In
premcditation and deliberation. and
may he OF Itself sufficient to raise n
! reasonable doubt OF the existence OF
In the nrst degree, and where such rea-
sonable doubt is raised by evidence
| OF good character it Is conclusive In
favor OF the prisoner. and in that case
| you should find him not guilty.
49, Evidence OF good character. so
far as it relates to the peaceable and
amiable disposition of the accused,
should be considered by the jury in
he committed the crime of violence
and cruelty and brutality charged
| against him in the Indictment; and it
may be, of itself sufficient to raise a
reasonable doubt of the existence Of
malice and generalization. necessary
elements of the crime charged; and
1, ,,L, N1 ts-,
by such evidence it Is conclusive in
favor of the prisoner.
On Defendant Alone.
defendant in this case. it must appear
able doubt. that the defendant. and
ass SsseS slss sb. the
not sufficient that the evidence shows
that the defendant or somebody else
committee the crime, nor that the
and not somebody else committed the
crime. unnless those probabilities are
SO strong as to remove all reasonable
doubt as to whether the defendant oil
some one else is the guilty party.
), If, from a consideration of all thu
evidence in this case. the jury enter
II tain reasonable doubt as to whe the
the offensc charged was committed b,
the~detendant or by some other person
the jury should acquit.
4 90. The jury have no right to disre
gard Inc testimony OF tue ucie'iChh. u
the ground alone that he isla defendan
, and stands charged with the commits
sion of crime. The law allows hin
? to testifyAin his own behalf. and tn
, fury should fairly and impartially con
slider his testimony, together with al
the other evidence in the case.
2i. Upon the trial OF a criminal cas-
by n jury the law contemplates the con
currence by twelve minds in the con
clusion OF guilt before a conviction cal
be had. Each Individual juror mus
be satisfied beyond reasonable doub
of the defendants guilt before he car
: under his oath, consent to a verdict o
guilty. Each juror should feel the re
| anonsInility resting upon him as