FREE BOOKS

Author's List




PREV.   NEXT  
|<   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253  
254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   >>   >|  
oner with a coat of mail, that only irrefragable proofs of guilt can pierce, and the law declares her innocent, unless the proof you have heard on her trial satisfies you, beyond a reasonable doubt, that she is guilty. What constitutes reasonable doubt, it becomes your duty to earnestly and carefully consider. It is charged that the defendant, on the night of the twenty-sixth of October, did wilfully, deliberately, and premeditatedly murder Robert Luke Darrington, by striking him with a brass andiron. The legal definition of murder is the unlawful killing of another, with malice aforethought; and is divided into two degrees. Any murder committed knowingly, intentionally and wantonly, and without just cause or excuse, is murder in the first degree; and this is the offence charged against the prisoner at the bar. If you believe from the evidence, that the defendant, Beryl Brentano, did at the time and place named, wilfully and premeditatedly kill Robert Luke Darrington, then it will become your duty to find the defendant guilty of murder; if you do not so believe, then it will be your duty to acquit her. A copy of the legal definition of homicide, embracing murder in the first and second degrees, and of manslaughter in the first and second degrees, will be furnished for your instruction; and it is your right and privilege after a careful examination of all the evidence, to convict of a lesser crime than that charged in the indictment, provided all the evidence in this case, should so convince your minds, to the exclusion of a reasonable doubt. "In your deliberations you will constantly bear in memory, the following long established rules provided for the guidance of jurors: "'I.--The burden of proof rests upon the prosecution, and does not shift or change to the defendant in any phase or stage of the case. "'II.--Before the jury can convict the accused, they must be satisfied from the evidence that she is guilty of the offence charged in the indictment, beyond a reasonable doubt. It is not sufficient that they should believe her guilt only probable. No degree of probability merely, will authorize a conviction; but the evidence must be of such character and tendency as to produce a moral certainty of the prisoner's guilt, to the exclusion of reasonable doubt. "'III.--Each fact which is necessary in the chain of circumstances to establish the guilt of the accused, must be distinctly proved by competent legal evidenc
PREV.   NEXT  
|<   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247   248   249   250   251   252   253  
254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   273   274   275   276   277   278   >>   >|  



Top keywords:
murder
 

reasonable

 

evidence

 

defendant

 

charged

 

guilty

 

degrees

 

Robert

 

exclusion

 
wilfully

premeditatedly

 

definition

 

offence

 

degree

 

prisoner

 

accused

 

Darrington

 
convict
 
indictment
 
provided

burden

 

prosecution

 

lesser

 

constantly

 

deliberations

 

convince

 

memory

 

guidance

 
established
 

jurors


certainty
 
tendency
 

produce

 
proved
 
competent
 
evidenc
 

distinctly

 

establish

 
circumstances
 
character

Before
 

examination

 

change

 
declares
 
satisfied
 

authorize

 

conviction

 

probability

 

sufficient

 

probable