Austin v. State

Carrie Austin was convicted of assault with intent to murder, and to the overruling of her motion for a new trial brings error. The judge, among other things, charged the jury as follows: "Mathematical certainty can not be attained in legal investigations. All that the law requires is moral and reasonable certainty. Whenever you have arrived at that amount of mental conviction, you have then arrived at that stage where you believe that the defendant is guilty beyond a reasonable doubt.” It should be stated in this connection that the judge also charged the jury that the evidence must be such…