002

2-

evidence is open to mere possible
or imaginary doubt.

⏤objected to⏤

It is that state of the case which
after the entire comparison and
consideration of all the evidence
leaves the minds of the jurors in
that condition that they cannot
say they feel an abiding
conviction to a moral certainty
of the guilt of the prisoner.

Then
Given
objected to

If the jury believe from the
evidence that fifty persons
whose names are unknown and
John Smith, or any one of
such persons were murdered at
Mountain Meadows, in order to
find the defendant John D Lee
guilty of the crime as charged
in the indictment it is not
necessary to prove that he
actually killed any one of the
deceased parties with his own
hand if the jury further
believe from the evidence
that he was present aiding
and abetting in the killing⏤

2-

evidence is open to mere pos-
sible or imaginary doubt.

(-objected to-)
It is that state of the case which
after the entire comparison and
consideration of all the evidence
leaves the minds of the jurors in
that condition that they cannot
say they feel an abiding
conviction to a moral certainty
of the guilt of the prisoner.

(Then-)
If the the jury believe from the
evidence that fifty persons
whose names are unknown and
John Smith or anyone of
such persons were murdered
at Mountain Meadows, in order to
find the defendant John Lee
guilty of the crime as charged
in the indictment it is not
necessary to prove that he
actually killed any one of the
deceased parties with his own
hand if the jury further
(-objected to-)
believe from the evidence that he was present aiding
and abetting in the killing