ISBN: 9781153603980

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustra… Plus…

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 Excerpt: ...that proof beyond a reasonable doubt was necessary to establish a fact against the prisoner, and that if there was any such doubt as to any particular fact essential to be proved to establish the defendant''s guilt, he was entitled to the benefit of the doubt and to be acquitted; and, also, that if, upon a review of the evidence, there existed in the minds of the jury a reasonable doubt as to the defendant taking the property, as charged in the indictment, then he must be acquitted. The second branch of this requested instruction that the defendant is not required to produce evidence to rebut such evidence on the part of the prosecution as merely tends to prove the fact in question in order to secure his acquittal, as abstractly stated, was properly refused because evidence which merely tends to prove a material fact may become a constitutent portion of the aggregate of proof which in its sum establishes''the principal matter in issue beyond all reasonable doubt Then, when in the first place a criminal charge is made out by all the evidence taken together, the defendant is bound, in order to overcome the case so made, to produce evidence in rebuttal, which evidence in rebuttal may be directed to and necessary for the overthrow of that produced on the side of the prosecution tending merely to the proof of a material fact. Hence, to have charged the jury as requested would have been improper. Eequcsted instruction number eight the Court refused to give to the jury on substantially the same ground as in the one noticed. It reads as follows: Even though the jury should believe from the evidence that the money was stolen, and was found in the possession jof defendant withiu a shon time after its taking, the defendant is not bound to show to the r... California. Supreme Court, Books, History, Reports of cases determined in the Supreme Court of the State of California Volume 28 Books>History <

ISBN: 9781153603980

California. Supreme Court, Paperback, English-language edition, Pub by General Books LLC Books History~~General Reports-Of-Cases-Determined-In-The-Supreme-Court-Of-The-State-Of-California… Plus…

California. Supreme Court, Paperback, English-language edition, Pub by General Books LLC Books History~~General Reports-Of-Cases-Determined-In-The-Supreme-Court-Of-The-State-Of-California-Volume-28~~California-Supreme-Court General Books LLC<