Evening star., 1932-01-12

as adds to, strengthens, confirms and
| corroborates her testimony.
''The court instructs the jury that,
| II you entertain reasonable doubt as
to whether or not Independent evidence
corroborates the testimony Of the COM
planning witness that the defendants did
commit the offense charged, you will
find the defendants not guilty.
"You are instructed that the burden
OF proving the presence of the defend
ants or any of them at the time and
place of the alleged offense rests upon
the Territory, and the prosecution must
prove to your satisfaction and beyond q
reasonable doubt that the defendants
were present at the time of the alleged
commission of the offense. The burden
is not on the defendants to prove that
they were not present.
"I further instruct you as a matter
Of law that, although the testimony Of
the complaining witness must be corrob-
grated before you can find these de-
PENDANTS guilty as charged, such corrob-
Grafton need not be direct, but may
exist in facts and circumstances ad
duced in evidence which corroborates
the truth of the story told by the
prosecuting witness and to point out
these defendants as the persons respon-
sible for the crime charged.
"I further instruct you that every
person concerned in the commission of
any offense, whether he directly COM
mits the act constituting the offense or,
being present, aids, incites, counte-
nances or encourages another threats,
or is accessory before the fact to the
commission thereof, may be indicted as
If he had directly committed such offense.
All Called Principals.
"All who take part in the commission
Of any offense or, being present, aid,
incite, countenance or encourage others
in the commission thereof, shall be
deemed principals therein.
"And In this connection I instruct
you that aid means to support by fur
nishing strength or means in co-opera-
ton to effect q purpose, to help, to
assist;
THAT incite' means to move to ac-
tion, to stir up, to spur, to urge on;
THAT 'countenance' means to encour-
age, favor, approve, aid or abet, TO In
dorse tacitly or actively;
"That encourage means to give help
or patronage to, to foster, to 1nclte' TO
urge.
"If, therefore, you are by the evidence
any one Of the defendants, at the time
and place and under the circumstances
as shown by the evidence herein, raw
ished the complaining witness by force
and against her will and that the other
of said defendants, at said time ana
place and under said circumstances, took
part in the commission Of said oftense,
or, being present, aided, melted, coun-
tenanced or encouraged the commission
of said act, your verdict will be guilty
as to each and every one Of said de-
PENDANTS.
81 instruct you that the defendants,
by their pleas Of not guilty, have put In
issue the commission of the crime
charged in the indictment and that
they have introduced evidence to estab-
lish an alibi, by which Is meant that,
even If the crime was committed as
charged, they were. during all the time
Of the commission thereof, at a different
place, and were not and could not have
been the persons who committed 1t.
Reasonable Doubt"
"If, therefore, after considering this
evidence, together with all the other
evidence in the case, you have reason
able doubt as to whether the defendants
were at the place where the crime was
committed during the time that it was
committed, but were in some other 10
cality, it will be your duty to give the
defendants the benefit of that doubt and
find them not guilty.
Gentlemen of the jury, instruct you
that, In determining the guilt or inno-
cence Of the defendants of the crime
charged in the case, you should not per-
NIT any prejudice which you may feel
against such a crime to influence you
against these defendants. You must not