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4 revisions	jdfelt7 at Jun 01, 2020 05:12 AM	Compared with
Jun 01, 2020 jdfelt7 Jun 01, 2020 jdfelt7 Nov 05, 2019 jkichas Oct 29, 2019 Utah State Archives and Records Service	004 10) Objected To Refused The Court instructs the jury that it is incum- bent on the prosecution not only to prove the killing, but it must also establish by proof beyond any reasonable doubt that the killing was done with malice prepense or aforethought, and without the concurrence of both, the crime cannot exist; and as every man is presumed to be innocent of the offense of which he is charged till he is proved to be guilty, this presumption must apply equally to both ingredients of the offense, ---to the malice as well as to the killing. Hence the burden of proof as to each, ---the killing and the malice--- rests equally with the prosecution, and the jury cannot imply malice from the mere killing.	004 10) Objected To Refused The Court instructs the jury that it is incum- bent on the prosecution not only to prove the killing, but it must also establish by proof beyond any reasonable doubt that the killing was done with malice prepense or aforethought, and without the concurrence of both, the crime cannot exist; and as every man is presumed to be innocent of the offense of which he is charged till he is proved to be guilty, this presumption must apply equally to both ingredients of the offense, --- to the malice as well as to the killing. Hence the burden of proof as to each, ---the killing and the malice--- rests equally with the prosecution, and the jury cannot imply malice from the mere killing.

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Utah Division of Archives and Records Service

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