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" It is not a mere possible doubt; because everything relating to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. It is that state of the case, which, after the entire comparison and consideration of all the... "
The Codes and Statutes of California, as Amended and in Force at the Close ... - Side 397
av California, Carter Pitkin Pomeroy - 1901 - 622 sider
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Criminal Law, Pleading and Practice in the Courts of the State of California ...

California - 1881 - 806 sider
...determine otherwise. The definition of reasonable doubt as given by Shaw, CJ, in Cum. v. Webster, 5 Gush. 320, is one generally q-uoted, and has been repeatedly...leaves the minds of jurors in that condition that they can not say they feel an abiding conviction, to a moral certainty, of the truth of the charge." The...
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The Penal Code of California: Enacted in 1872; as Amended in 1881

California, Robert Desty - 1881 - 862 sider
...state which, after entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say they...to a moral certainty, of the truth of the charge— 47 Cal. 97 ; 44 id. 200; a certainty that convinces and directs the understanding, and satisfies the...
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The Penal Code of California: Enacted in 1872, as Amended in 1885

California - 1881 - 940 sider
...state which, after entire comparison and consideration of all the evidence, leaves the minds of the Jurors in that condition that they cannot say they...to a moral certainty, of the truth of the charge— 47 Cal. 07; 44 id. 290; a certainty that convinces and directs tho understanding, and satisfies the...
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Exonerative Insanity

John A. Taylor - 1882 - 116 sider
...permission, read this definition again : "A reasonable doubt is that state of the case which after an entire comparison and consideration of all the evidence...condition that they cannot say they feel an abiding certainty of the truth of the charge." Forsyth, in his Trial by Jury, page 336, adds something to that...
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Journal of the Senate of Minnesota Sitting as a High Court of ..., Volum 3

Eugene St. Julien Cox - 1882 - 1064 sider
...entire comparison and consideration of all the evidence, leaves the mind of the « . • я , . " »j jurors in that condition that they cannot say they...^*, ^ moral certainty, of the truth of the charge " * * * * I ^ ' • ' % The evidence must establish the truth of the fact to a reasonable ahd moral...
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The Ohio Law Journal, Volum 2

1882 - 692 sider
...reasonable doubt" given by Mr. CJ Shaw, which has been generally approved by the Courts, is as follows: "It is that state of the case which, after the entire...consideration of all the evidence, leaves the minds of .the jurors in that condition that they cannot say they feel an abiding conviction to a moral certainty...
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The Pacific Reporter, Volum 94

1908 - 1164 sider
...often used, probably pretty well understood, but not easily defined. It is not mere possible doubt. It is that state of the case which, after the entire...to a moral certainty, of the truth of the charge. The burden of proof is upon the prosecutor. All the presumptions of law Independent of evidence are...
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Cases Argued and Adjudged in the Supreme Court of Florida, Volum 20

Florida. Supreme Court - 1884 - 1116 sider
...to human affairs, and depending on moral evidence, is open to some possible or imaginary doubt. lt is that state of the case which, after the entire...to a moral certainty of the truth of the charge." The State of Nevada vs. VanWinkle, 6 Nev., 340. The second clause above referred to requests the court...
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The Pacific Reporter, Volum 67

1902 - 1166 sider
...comparison and consideration of all the evidence, leaves the minds of the jurors in that coudition that they cannot say they feel an abiding conviction...to a moral certainty of the truth of the charge." We think the definition complies in substance with that laid down by this court in numerous cases....
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The Pacific Reporter, Volum 105

1910 - 1150 sider
...by the Court) 4. CRIMINAL LAW (§ 561*)— EVIDENCE— "REASONABLE DOUBT." "Reasonable doubt" means that state of the case which, after the entire comparison...and consideration of all the evidence, leaves the mind of the jury in that condition that they cannot say they have an abiding conviction, to a moral...
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