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Show INSTRUCTIONS GIVEN TO THE JURY By JUDGE HOWELL "Gentlemen of the Jury: The defendant, de-fendant, Joseph Henry Martin, is accused ac-cused by the information in this case, which has already been read to you, with the crime of assault with intent to commit murder upon the David Edwards mentioned in said information, informa-tion, sajd crime. being alleged to have been committed on tho 9th day of November, No-vember, 1913, in Weber county, state of Utah. "To this Information, the defendant defend-ant has heretofore entered his plea of not guilty and you are Instructed that such plea puts In issue every material allegation of the information and casts upon the state the burdcu of proving every essential fact constituting con-stituting the crime -charged, to your satisfaction beyond a reasonable doubt. "The court charges you that an assault as-sault is an unlawful attempt coupled with a present ability to commit a violent Injury upon the person of another. an-other. "Murder is the unlawful killing of a human being with nialico aforo-thoughL aforo-thoughL "Such malice may be expressed or Implied. It is expressed when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature. It is implied when no considerable provocation appears, or when the circumstances attending an assault with Intent to kill show an abandoned and malignant hoarL "The intent or intention is manifested mani-fested by the circumstances connected connect-ed with the offense and the sound mind and discretion of the accused. "All persons concerned In the commission com-mission of a crime, whether they directly di-rectly commit the act constituting the offense, or being present, aid and' abet lu its commission, nrc principals in any crime so committed. "The court charges you that. if. you fall to find from the evidence beyond a reasonable doubt that the defendant is guilty of the crime charged in the Information, namely, assault with intent to commit murder, mur-der, but. you do rind from the evidence evi-dence that the defendant is guilty beyond a reasonable doubt of assault, with a deadly weapon as above defined, de-fined, and that said crime was committed com-mitted at the time and place mentioned men-tioned In the information, you are instructed in-structed to return a verdict accord-1 accord-1 Ingly. If, however, you arc not sat-I sat-I isfied from the evidence beyond a I reasonable doubt that the defendant, I at the time and place mentioned in I the Information, is guilty of either of I the crimes included in the information, informa-tion, then you should find the defend-ant defend-ant not guilty. "The law presumes the defendant innocent and not guilty as charged in I the information, and this presumption i should continue to exist and prevail I in your minds until it is completely overborne or removed by the evidence introduced in the case and the guilt of the defendant established and proved by the evidence to your satisfaction sat-isfaction beyond a reasonable doubL A Reasonable Doubt. "The court charges you that a reasonable doubt is a doubt based upon up-on reason, and which is reasonable in view of all the evidence; it Is a fair doubt growing out of the evidence or lack of evidence in the case. It Is not a mere Imaginary, captious or possible doubt, but a fair doubt, based upon reason and common sense. And if, after an impartial comparison and consideration of all the evidence in the case, you cannot candidly say that you are satisfied of the defendant's defend-ant's guilt, you ' have - a reasonable doubt and, if such is the condition of your mind, after considering all tnc "testimony, you should find the defendant defend-ant not guilty; but If, after such impartial im-partial comparison and consideration of all the evidence, you can truthfully say that you have an abiding conviction convic-tion to a moral certainty of the defendant's de-fendant's guilt, you have no reasonable reason-able doubt, A doubt, to- justify an acquittal, must be such a doubt as would cause a reasonable, prudent and considerate man to hesitate and pause before acting in the graver and more Important affairs of life. "By reasonable doubt is meant a doubt which is actual and substantial, not mere possibility or speculation, A doubt produced by undue sensibility, sensibil-ity, in view of tho couiequences of th'u verdict, is not a reasonable doubt. And tho jury is not allowed to create sources or materials of doubt by resorting re-sorting to fanciful suppositions or remote conjectures as to a possible state of facts differing from that established by the evidence. "If, after you havo considered all the evidence In this case fairly and impartially, and after having consulted consult-ed with each other as to what your verdict should be, any Juror entertains enter-tains a reasonable doubt of tho defendant's de-fendant's guilt, then you cannot find him guilty. Bach juror, under his oatht must vote according to his convictions, con-victions, and the reasonable doubt with which he has to do Is the doubt of his own mind. But this does not mean that each Juror cannot consider and respect the views of his fellow jurors, but when he has accorded to them all proper consideration and respect, re-spect, if a reasonable, doubt remains in his mind, he should vote not guilty. Ac to the Alibi. "Tho defendant in this case relies upon what Is commonly called an all-I all-I bi, that is, that the defendant was at j (Continued on Page 4.) INSTRUCTIONS GIVEN TO THE JURY W JUDGE HOWELL (Continued from Page 1) I another place at the time of the commission com-mission of the crime. The court instructs in-structs the jury that such a defense i6 as proper and legitimate as any other, and that the evidence offered upon that subject should be considered consid-ered by you in the same manner that you consider the other evidence in the case. "The court charges you that the defendant de-fendant is not required to prove this defense beyond a reasonable doubt before he is entitled to acquittal, nor Is he required to prove it by a preponderance, pre-ponderance, or the greater weight of the evidence, but that t ib sufficient if, when considered with all the other evidence in the case, it creates a reasonable doubt In your minds as to the guilt of the defendant; in other words, if upon a consideration of all ! the evidence in the case, including that offered in support of the alibi, th jurors entertain 'a reasonable doubt of the guilt of the defendant, he Is entitled to a verdict of acquittal. acquit-tal. No Other Crimes Involved. "The court charges you that the crime charged in the information and that which is included within the information, in-formation, as you have been heretofore hereto-fore instructed, is the only crime for which the defendant is on trial in this cause, and you are not concerned with any other crimes, nor would you be justified In finding the defendant guilty, even though you are convinced that he committed some other crime. The court further charges you that : the evidence in relation to other crimes. If any, which has heen. introduced intro-duced In this cause, was introduced merely for the purpose of showing the common plan, motive and method under un-der which the crime in question was committed, If you find that any is shown by such evidence, and for the purpose of identifying the party or parties participating in the perpetration perpetra-tion of said crime, if you find that said crime has been committed, and for no other purpose, that js to say such evidence of any crime, if any, other than the one for which the defendant de-fendant is now on trial, should not be considered by y6u in arriving at your verdict as to whether or not the defendant committed the crime in' question, Only insofar as such evidence may aid you, if It does aid you, in determining de-termining the Identity of the. party or parties who committed the crime charged In the information, if you find such crime was c6mmitted. Proof of G,o4 CharacUr. "In this case, the court charges you that the defendant has offered proof as to his previous good character, and the court chargis you that in deter- mining his guilt or Innocence you should consider this evidence offered of good character, together with all the evidence in the case, and If. after consideration of all the evidence you entertain a reasonable doubt, or if the evidence of good character alone when considered in connection with the other evidence as aforesaid pro duces or creates a reasonable doubt In your minds of the guilt of the defendant, de-fendant, then he is entitled to the benefit of such doubt and should be acquitted. "If you shall believe that any witness wit-ness has wilfully testified falsely as to any material fact In the case, you are at liberty, but not required, lo disregard the whole of the testimony of such witness, except insofar as he may have been corroborated by cred-ble cred-ble witnesses or creditable evidence in the case. "In case there is a conflict in the testimony of the witnesses, It is your duty to reconcile such conflict Insofar as you can, but it is still for you to determine for yourselves what the ultimate ul-timate truth of the case Is. "The defendant in this case has testified tes-tified before you in. his own behalf, this being a right which the law gives to him, and you are instructed that you have no right to disregard his testimony upon the ground that he is the defendant and stands charged with the commission of a crime. In judging judg-ing of the credibility and weight of his testimony, you should apply to It the same tests and standards that you apply to the testimony of any other witness who has appeared before you. Not Influenced by Rumor. "It Is your duty to consider the evidence all together fairly, impartially impar-tially and conscientiously. You Should arrive at your verdict solely upon the evidence introduced before you upon the trial. Yo.u should not consider nor be influenced by any evidence offered, but not admitted by the court, nor any evidence stricken out by the court or withdrawn by counsel. "You should not consider or be influenced in-fluenced by any rumor or expressions of opinion you may have heard or read out of court, nor by the fact, if you believe it to be a fact, that a public sentiment exists in favor of or against the defendant. You should not consider nor be Influenced by any statements of court or counsel as to what the evidence is, unless they state it correctly, nor by any statement state-ment of court or counsel of facts not shown by the evidence, nor by any statements of counsel as to what the law governing this case is, unless such statements comport with the law as herein enunciated. "Theae instructions arc to be considered con-sidered and construed together as a whole; each instruction should be read ' and understood with reference to, and a,t a part of, the entire charge, and not as though each Instruction) was intended to present the whole law of the case on any particular point. "You are the exclusive judges ol the facts proven, of the credibility of the witnesses', of the weight and the effect of the evidence, and of the inferences to be drawn therefrom I and in determining these matters you are to exercise your best Judgment based upon your experience in life as men, and your knowledge of the mo'tives which influence persons In their statements. You have a right to take into consideration the conduct and manner of the witnesses while testifying before you, their Intelligence Intelli-gence and means of observation, their opportunities to know and capacity to remember and to state the facts to which they testif), their interost or lack of Interest. If any has been shown, in the result of the trial, their H prejudice or bias, if any has been !H shown, the state of mind of any wit-ness wit-ness at the time of the occurrence of the things about which he has tes- iS tified, insofar as the evidence enables fl you to judge It, and the probability S or improbability of the truth of these S statements, in view of all the other S evidence. 9 "You are not bound to believe the JjB testimony of any witness, or any num- J: ber ofilwitnesses. You are to search IjM for the truth, believing only such tes- -jfl timony as carries conviction of its 9 I truth to your minds." ffl |