Head v. State

The judge charged the jury, in part, as follows: “A reasonable doubt is not a vague conjecture or bare possibility of innocence, but it is a doubt arising from the evidence, or from a conflict in the evidence, or — I was about to say the defendant’s *376statement, but I don’t believe the defendant made a statement in this case. It is a doubt that leaves the mind of a fair and impartial juror in a wavering and unsettled condition after he has fairly and impartially considered all of the evidence.” Exceptions are taken to the italicized portion of the above charge, on the ground that the judge…