human
agencies can, to guard against the danger of any innocent person
being unjustly punished.

"Circumstantial evidence in criminal cases is the proof of such
facts and circumstances connected with or surrounding the
commission of the crime charged as tends to show the guilt or
innocence of the party charged, and if these facts and
circumstances are sufficient to satisfy the jury of the guilt of
the defendants beyond a reasonable doubt, then such evidence is
sufficient to authorize the jury in finding the defendants guilty.

"The law exacts a conviction, wherever there is sufficient legal
evidence to show the defendants' guilt beyond a reasonable doubt,
and circumstantial evidence is legal evidence.

"The following rules should guide you in your use and application
of the circumstances introduced in evidence: It is the duty of the
jury to enter upon the consideration of each circumstance proven,
having in their minds the presumption that the defendants, and each
of them, are innocent, and in considering such fact or
circumstance, they should apply to it the presumption of innocence,
and if such fact or circumstance, when considered in connection
with all the evidence in the case, can be explained consistently
with the innocence of the accused, it is their duty so to explain
it. No circumstance introduced in evidence on this trial can be
used by you as a basis for any inference of guilt against the
defendants, or either of them, unless such circumstance is first
proven to your entire satisfaction, and every circumstance in the
case which is not proven to your entire satisfaction should be
wholly dismissed from consideration, and must not be permitted to
influence you to any extent against the defendants, or either of
them. Any circumstance which is essential to a conclusion of guilt
against the defendants, or either of them, should be established
beyond all reasonable doubt and to a moral certainty before it can
be used by the jury against the defendants.

"In order to justify the inference of legal guilt from
circumstantial evidence, the existence of the inculpatory facts
must be absolutely incompatible with the innocence of the accused,
and incapable of explanation upon any other reasonable hypothesis
than that of their guilt. If y