004

6

Given.

The accused is entitled to the benefit of all reasonable
doubts, which after careful consideration may be
found in your minds, as well as to the sufficiency of the
proof of any and all alleged facts necessary to constitute
either of the offenses of which he may be convicted under
the indictment, as also, whether he is guilty of any of them.

Before conviction the presumption of guilt produced by
the evidence aught to amount to almost certainty, or such a
moral certainty as convinces the minds of the Jury as
reasonable men. You must understand however, that what
is meant by a reasonable doubt, is not a mere possible
doubt, since it should not be overlooked that 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 evidence leaves the mind
of the Jurors in such a condition, that they cannot
say they feel an abiding faith or conviction, to a
moral certainty of the truth of the charge.

All the presumptions of law, indipendant
of evidence are in favor of innocence, and every
person is presumed innocent until proven to be
guilty.