015

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that all these things were proven and
it takes from the Jury the right to pass
upon those facts-and thereby deprives the
defendant of a fair and impartial trial.

Seventeenth

The Court erred in instructing the Jury
"that the testimony is overwhelming"
In this that it virtually commands the
Jury to find a virdict of guilty against
the defendent without regard to the ideas
of the Jury as to what facts were proven by
competent evidence.

Eighteenth

The Court erred in instructing the Jury as follows,
"The defense has introduced no witness or
evidence to refute the testimony for the
prosecution but risks the whole case
upon the hope to shake your confidence in
the witnesses for the prosecution."

Thereby assuming that the Jury had confidence
in the witnesses and the truth of their testimony
and misleading the Jury as to the real defense to
said cause. Further, said Language assumes
and informs the Jury that, the guilt of
the Defendant is fully established by
legal evidence and prevented the Jury from
passing upon the question of the competency of
the evidence of the credibility of the witnesses
in the case-or that of the guilt or innocence of Defendant.