The Coconino sun., 1924-08-01


to the testimony in both cases and you
will now be called upon to render a
verdict in each case, so it will be your
duty to find two verdicts, one in 70C
and one in 744. In determining these
questions or the question of guilt OF
innocence of the defendant in the
charge set forth in each of these in
formations, you must be guided and
governed solely by the evidence that
has been introduced in the case. You
are the sole judges of the facts in the
case and the credibility of each and all
of the witnesses who have appeared
before you; also the weight to be
given by you to the testimony of the
several witnesses who have testified
in the case. In determining the credi-
bility of any witness and the weight
you will give to his testimony, you
have a right to take into consideration
his manner and appearance while Civ
ing his testimony, his means of knowl-
edge of the facts to which he has tes-
titled, any interest or motive which he
may have, if shown, and the probabil-
ity or improbability. of the truth of
his statements when considered in con-
nection with all other evidence in the
case. If you believe that any witness
has Wilfully sworn falsely as to any
material fact in the case, then you
have a right to wholly disregard the
testimony of such witness except inso-
far as the same may be corroborated
by other creditable evidence in the
case. The law permits a defendant in
criminal action to testify in his own
behalf. The defendant in this case
has availed himself of that right. You
are to determine the credibility and
the weight of the defendants testi-
mony by the same rules that apply
to the testimony of any other witness
in the case. In order to convict the
defendant of the crimes charged in the
information, it is incumbent upon the
government to satisfy you beyond a
reasonable doubt of the truth of every
material allegation in the information
The law raises no presumption
against the defendant but every pre-
sumption of law is in favor of his in
nocence. A reasonable doubt, as ap-
Ss
such doubt as you may entertain as
reasonable men after a thorough re-
view and consideration of all the evil
dence, doubt for which a reason
arising from the evidence or want of
evidence exists. 1t is not,a mere fan
ciful conjecture of the mind, nor the
mere possibility of a doubt, but it is
a substantial well-founded doubt. 1t
is that state of the case which after an
of all the evidence leaves the mind in
that condition that jury cannot say
that they feel an abiding conviction to
a moral certainty and that the accused
committed the offence. 1t is an actual,
sincere mental hesitation caused by
or unsatisfactory evidence.
While it is true that the
government is required to
prove the guilt of the defendant be-
yond reasonable doubt, it is not re-
quired to prove his guilt to a mathe-
matical certainty. All that the court
and the jury can act upon is belief to
a moral certainty. 1t may be said
that everything relating to human af-
fairs and depending upon moral evil
dence is open to some possible error.
If, adter due consideration of all the
evidence in. this case, there remains in.
your minds such reasonable doubt as
to the guilt or innocence of the defen-
dant, it is your duty to find him not
guilty. If, however, after such con-
of all the evidence, and you
are satisfied beyond a reasonable
doubt and to moral certainty that
the defendant has committed the acts
charged in these informations, then it
is your duty to find the defendant
guilty. You are instructed, gentle
men, that one who assists or aids or
abets another in the commission of a
crime, knowing that crime is being
is principal and may be
as such. You are further in
gentlemen, that the admis-
sion of evidence from witnesses en-
ployed to entrap the accused is not
contrary to public policy but is wholly
proper, if the methods employed are
legitimate. There is evidence here of
certain acts of the witness Newton
and the government officers, tending
20 show that plan was formed by
hem to effect or to detect and APP
1rehend the defendant in the commits
'ion of violation of law. 1t is the
contention of the defendant that his
with this alleged transac-
ion If Won find fba4 ihn xxra 6 caunoofnd :