People v. Kerm
Utah Supreme Court
Appeal from an order refusing a new trial and from a judgment of tbe district court of the third district. The defendant requested the following instruction which was not given except as covered by the portion of the charge upon reasonable doubt which is quoted in the opinion: A reasonable doubt is an actual substantial doubt; such a doubt as would dispel an abiding conviction of guilt, and which arises out of the evidence.
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Appeal from an order refusing a new trial and from a judgment of tbe district court of the third district. The defendant requested the following instruction which was not given except as covered by the portion of the charge upon reasonable doubt which is quoted in the opinion: A reasonable doubt is an actual substantial doubt; such a doubt as would dispel an abiding conviction of guilt, and which arises out of the evidence. It is not merely a conjecture, but must be such as would cause a reasonable, prudent and considerate man to hesitate and pause before acting in the graver and more…
1Opinion of the Court
ANDERSON, J.:
•The defendant was indicted for robbery, alleged to have *270been committed on the 20th day of September, 1890, by putting in fear and forcibly taking from the immediate presence of one William Wood, Jr., a bag of gold and silver, of the value of $160, the property of the said Wood. To the indictment the defendant pleaded not guilty and a former acquittal for the same offense. There was a trial to a jury, and a verdict against the defendant on his plea of former acquittal, and that he was guilty of the offense charged. The defendant filed a motion in arrest of judgment and for a new…
2Cases cited5 opinions
- United States v. PerezSupreme Court of the United States · 1824
- People v. CurtisCalifornia Supreme Court · 1888
- People v. KinseyCalifornia Supreme Court · 1876
- People v. HelbingCalifornia Supreme Court · 1881
- Deaton v. StateTexas Supreme Court · 1876
3Cited by8 opinions
- People v. AmmermanCalifornia Supreme Court · 1897
- United States v. MacAndrews & Forbes Co.U.S. Circuit Court for the District of Southern New York · 1907
- State v. CreechleyUtah Supreme Court · 1904
- State v. DavisUtah Supreme Court · 1904
- Andreasen v. HansenUtah Supreme Court · 1959
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