, the jury shall fix the
punishment by their verdict.

"An accessory is he who stands by and aids, abets, or assists, or
who, not being present, aiding, abetting, or assisting, hath
advised, encouraged, aided, or abetted the perpetration of the
crime. He who thus aids, abets, assists, advises, or encourages,
shall be considered as principal and punished accordingly. Every
such accessory, when a crime is committed within or without this
State by his aid or procurement in this State, may be indicted and
convicted at the same time as the principal, or before or after his
conviction, and whether the principal is convicted or amenable to
justice or not, and punished as principal.

"The manner or cause of death, which is alleged in the indictment,
is an essential element of the charge against the defendants, and
the law requires the prosecution to establish that averment to your
satisfaction, beyond reasonable doubt, as it is laid in the
indictment, before a conviction of the defendants, or either of
them, can lawfully be had. But whether or not the manner or cause
of death was as laid in the indictment may be established by
circumstantial evidence, just as any other fact essential to
conviction may be.

"The indictment against the defendants is no evidence of their
guilt, but is merely a formal charge for the purpose of putting
them upon trial. You ought to commence the investigation of this
case with a presumption that the defendants, and each of them are
innocent of the crime of which they are accused, and you should act
upon this presumption throughout your consideration of the
evidence. Unless this presumption of innocence shall have been
overcome by proof of guilt so strong, credible, and conclusive as
to convince your minds, beyond every reasonable doubt, that the
defendants are guilty, and unless the evidence is of such a nature
as to exclude every reasonable doubt of guilt, then you ought to
acquit the defendants.

"But this rule of law, which clothes every person accused of crime
with the presumption of innocence, and imposes on the State the
burden of establishing his guilt beyond a reasonable doubt, is not
intended to aid any one who is in fact guilty of the crime to
escape, but is a humane provision of law, intended, so far as