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Home > History and Archaeology > History > Reports of Cases Determined in the District Courts of Appeal of the State of California Volume 46
Reports of Cases Determined in the District Courts of Appeal of the State of California Volume 46

Reports of Cases Determined in the District Courts of Appeal of the State of California Volume 46


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ... bear in mind that it is always used in the same sense. It is not a mere imaginary, captious, or possible doubt, but a fair doubt, based upon the testimony, reason and common sense, and which leaves the mind in such a state that you cannot say that you feel fully and entirely satisfied of the defendant's guilt. In other words, it is that state of mind, after an entire comparison and consideration of all the evidence, leaves the minds of the jurors in that condition that they cannot say that they feel an abiding conviction to a moral certainty of the truth of the charge, a certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are to act conscientiously upon it." An instruction telling the jury that a fair doubt can be based upon reason and common sense has been repeatedly condemned by the supreme court of this state. The latter part of the instruction is in approved language, but the first part weakens its force and effect. In People v. Paulsell, 115 Cal., at page 12, 46 Pac. 734, it is said: "If experimental departures from the well-established language sanctioned by all courts upon the subject of reasonable doubt are to be here allowed, and each trial court is to venture upon unusual language to express the idea contained in language so often approved, we will be afloat upon a new and unknown sea, and complications will arise in every criminal case coming here which will be very difficult to unravel. In the present case, it is sufficient to 6ay that the court introduced the new and unused phrase 'common sense, ' and told the jury that the doubt must be based upon that. Counsel for appellant argues--after giving some of the definitions of common sense to be found in the dictionaries--that...


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Product Details
  • ISBN-13: 9781153890113
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 332
  • Spine Width: 18 mm
  • Width: 189 mm
  • ISBN-10: 1153890119
  • Publisher Date: 12 Oct 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 594 gr

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