Hammond v. State

The trial judge charged, “Moral and reasonable certainty is all that can be expected in legal investigation. In all civil cases the preponderance of testimony is considered sufficient to produce mental conviction. In criminal cases a greater strength of mental conviction is held necessary to justify a verdict of guilty,”' Exception is taken to so much of this instruction as states that “in. all civil cases the preponderance of testimony is considered sufficient to produce mental conviction,” on the ground of its irrele*385vancy to the issue. While in criminal trials it is not appropriate that the…