Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1916-11-08
KUHL Is FOUND GUILTY.
Continued from Page One.)


All the evidence produced by the state
is circumStantial Now in respect to
that | charge you that circumstantial
evidence is legal and competent in
criminal cases. If it is of such
character as to exclude every reason
able hypothesis other than that the de-
PENDANT is guilty, it is entitled to the
same weight as direct evidence To
warrant @ conviction on circumstan-
tial evidence, each fact necessary to
the conclusion sought to be establish
ed must be proven by competent evil
dence beyond a reasonabl doubt, and
all the facts necessary to such a con-
clusion must be consistent with each
other and with the main facts sought
to be proved, and the circumstances
taken together must be of a conclusive
nature, leading on the whole to a sat-
1sfactory conclusion and producing in
effect reasonable and moral certain
ty |. at the accused and no other per-
son committed the Offense charged. IF
there is any other reasonable hypo-
thesis arising from the evidence to &C
-.
than that her husband caused her
death, the jury must adopt this hypo-
thesis and acquit the defendant.
in all cases, whether civil or GRIM
inal, and especially in criminal cases,
the judge may not advise the jury to
any extent upon what the evidence
establishes in his judgment where
iC n tot Of TYNV.o
jury are made by law the sole and re-
sponsiblc judges Of the evidence. IT
is their duty to determine the weight
and the effect OF the evidence as A
whole, and as necessary to such de-
termination to recall and weigh the
evidence CT each witness and judge of
his or her credibility as best they can
in the light OF the whole Of the facts in
the case as diclosed by evidence. In the
performance Of this duty, that of
scrutinizing the evidence and determ-
lining it's weight, you should exercise
the utmost caution and employ all the
reason, prudence, judgment anu dis
elimination that you possess and that
you would summon to your aid in the
AS [ have said, under this charge
OF murder in the first degree the jury
may, il the evidence iustifies them in
doing so, find the defendant guilty OF
any grade Of felonius homicide. 1t is
my duty 10 say to you now that there
is no evidence in this case that would
warrant the Jury in finding the defend
ant guilty of murder in the LIST degree;
that is, to find him guilty Of premedi-
tatedly striking his wife with intent
to kill her. Neither is there evidence
in this case that would warrant the
jury in finding the defendant guilty of
murder i'll the second degree, which
is killing perpetrated by any act
imminently dangerous to others and
evincing 2 depraved mind regardless
of human life but without the intent
to kill
submit to you two grades Of homi-
side; enc, manslaughter in the first
degree. This is defined by section
4346 Of the Statutes as the killing Of q
human being without design to eff
feet death by the act, procurement or
culpable negligence of any other,
while such other is engaged in the
preparation Of any crime or misde-
meanor not amounting to a felony, or
in an attempt to perpetrate any such
crime or misdemeanor in cases where
such killing would be murder at the
common law