The Challis messenger. (Challis, Idaho) 1912-current, 1923-06-06
COURT REPORTERS cERTI-
FLED COPY OF JUDGES
INSTRUCTION TO JURY


and having since been informed that
the report was misleading in some re
spects and desiring to give its read
ers the true facts, we have secured
a certified copy of the reporters notes
covering the motion TO give to the
jury an advisory instruction to acquit
and the courts order granting the
motion and the instruction given the
Jury by Judge Adair which we pub
lish herewith:
Motion of Defendant and Ruling of
the Court
IN the District court of the Sixth
Judicial District of the State OF Ida
no. in and for the County of Bling
ham
State of Idaho, Plaintiff. vs..
William Millick. Defendant.
REPORTERS NOTE
Motion made at the conclusion of
taking testimony in the above enti-
tied case.
Jury Not Presently
JUDGE COWEN: Comes now the
defendant at The close of all of the
evidence in this case, and moves
he court to give TO the jury en-
panelled herein. an advisory instruc-
ton to the effect that it is their du-
y to acduit the defendant upon all
Of the evidence submitted. This mo-
ton is based upon the reasons en-
bodied in the various motions TO
strike evidence heretofore submit
ted to the court. and for the reasons
urged in behalf of an advisory verdict
at the close of the plaintiffs case,
and for this additional reason; that
in this case the state is relying Who'll
" upon circumstantial evidence TO
connect the defendant with am
participation in the offense charged
Some circumstances have been offer
ed in evidesce and received by the
court which might afford opportunity
IT motive, on the part of the defen-
dant for the commission Of this off
ense, but these facts and circumstan-
ces have now been shown TO the
court TO be susceptible Of a reason
able explanation. or hypothesis, con-
sistest with the innocence Of the de
PENDANT. IN it nov becomes tn
duty of the jury TO accept such an
explanation of these facts, and eircun'
stances, and the duty of the court
to advise the acquittal of the defen-
dant. That is the motion.
cat this time recess was thereup-
on taken until 1880 o'clock p. n.y.
court resumed its session at this
time, Sis o'clock p. m. with jury, de-
PENDANT and counsel presently
THE COURT: The motion of the
defendant interposed at the conclus-
los of the States evidence, and re-
newed at the close of the case. that
the court advise the jury to acault
the defendant is sustained. Gentle
men OF the Jury. you are advised,
not instructed, that in the opinion of
the cou-t there is no sufficient evi-
denee in this case to warrant con-
viction of The defendant. You are al
so advised that you are not ogligated
to follow the courts opinion IN thls
matter. The court has prepared YER
dict for your signature, verdicts OF
guilty, and verde; o. not guilty. have
been at a loss nee I came to con
clusion T. grant this motion as to
what the proper procedure would be,
so that I have prepared verdicts of
guilty o. the various crimes included
in the Insoi ration. and a verdict OF
not guilty. which you may take to
your Jury room Mr.. Clerk, you may
swear the Bailiffs.
REPORTERS CERTIFICATE
l. E. H. Weaver, Official Court Re
porter for the Sixth JuSicial District
of the State of Idaho, hereby certify
that the foregoing two pages consti- !
tutes a true and correct transcript !
Of the Motion. ruling of the court, /
and instruction of the court TO jury
1t the close of the case of State VS..
Millick.
Dated this S1st day of May, 1928.
E. H. WEAER, Reporter. !