833-C-I65
THE STATE OF NEBRASKA VS MONDAY McFARLAND
AND MARY SHEEDY.
weight of preponderance of the evidence supports the allegations of
the Information, or is it sufficient that uon the doctrine of chances
it is a more probably that the defendants are guilty. To warrant a
conviction of the defendants, or either of them, they must be proved to
be guilty so clearly and conclusively that there is no reasonable theory
upon which they can be innocent, when all the evidence in the case
is considered together.
R E F U S E D:
8.-The Court unstructs the Jury, that in criminal cases, even where
the evidence is so strong that it demonstrates the probability of the
guilt of the parties accused, stll if it fails to establish, beyond a
reasonable doubt, the guilt of the defendants, either or both of them,
in manner and form as charged in the information, the it is the duty
of the Jury to acquit any defendant of defendants, as to whose guilt
they entertain such reasonable doubt.
R E F U S E D:
9.-The Court instructs the Jury, that while the statue of this
State provides that a person charged with crime may testify in his or
her own behalf, be or she is under no obligation to do so, and the statute
expressly declares that his or her neglect to testify shall not create
any presumption against him or her.
R E F U S E D:
10.-A verdict of not guilty means no more than this; that the guilt
of the accused has not been demonstrated in the precise, specific, and
narrow forms prescribed by law. The evidence, to convict the accused
must not merely be beyond all reasonable doubt consistent with the
hypothesis of his or her guilt, bit it must also be beyond all reasonable
doubt inconsistent with any hypothesis of innocence that can be
reasonably drawn therefrom.
R E F U S E D:
11.- Your personal opinions as to facts not proven cannot properly
be considered as the basis of your verdict. You may believe, as men, that
certain facts exist, but as Jurors, you can only act upon evidence introduced
upon the trial, and from that, and that alone, you must form your
verdict, unaided, unassisted and uninfluenced by any opinions or presumptions
not formed upon the testimony.
R E F U S E D:
12.- The Court instructs the Jury, that the character of an accused
person is, in law, presumed to be good until the contrary appears from
the evidence, and he or she is under no obligation to prove a good character
until his or her character is, in some manner, attacked, and the
Jury will not be justified in drawing any inference unfavorable to the
defendants, from the fact that they have offered no proof as to good
character in this case.
R E F U S E D:
13.- The Court instructs the Jury, that upon the trial of a criminal
cause, if a reasonable doubt of any facts necessary to convict the
