Palmerston v. Territory

Plaintiff in error was tried at the March term, 1889, of the Albany county district court, upon an indictment for burglary, found guilty, and sentenced to the penitentiary. He brings the case to this court by petition in error.

Among other errors assigned in the motion for a new trial, it is alleged that the court erred in giving to the jury the following instruction, over the objection of the defendant: “ The ‘ reasonable doubt ’ which entitles an accused to acquittal is a doubt of guilt reasonably arising from all the evidence in the case. It does not mean a doubt arising from mere caprice…