| 1857 - 734 страница
...rebutted. In order to overcome this presumption, and to shield the prisoner from responsibility, it must be proved to the satisfaction of the jury, by a preponderance of the whole evidence in the case, that, at the time of the commission of the act, the mind of the accused... | |
| Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, Elijah W. Meddaugh, William Jennison, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell, James M. Reasoner, Richard W. Cooper - 1920 - 808 страница
...as is necessary in criminal cases to sustain a conviction. It is only necessary that it be made out to the satisfaction of the jury by a preponderance of the evidence or the greater weight of the evidence. That is, after considering all that the jury believes the evidence... | |
| John Harrison Surratt - 1867 - 850 страница
...of alibi being an affirmative defence, the burden of proof rests upon the defendant to establish it to the satisfaction of the jury by a preponderance of the evidence. The facts to be submitted to the jury would be as follows : 1st. Does it appear from the evidence that... | |
| 1889 - 546 страница
...taw'requires the fact of the prisoner's insanity when interposed as a defense in a criminal case to be proved to the satisfaction of the jury by a preponderance of the evidence, and that a reasonable doubt of the prisoirsr'e Vanity, though raised by all the evidence, does notPputhorize... | |
| 1888 - 564 страница
...Ala. 385, holding that when insanity is set up as a defense in a criminal case, it must be established to the satisfaction of the jury by a preponderance of the evidence ; and a reasonable doubt of the defendant's insanity raised by all the evidence does not anthorize... | |
| 1879 - 540 страница
...and the blow or the fall or both combined caused his death, it devolves upon the defendant to show to the satisfaction of the jury by a preponderance of the evidence, that lie was justifiable in giving the blow in his own proper self-defense, unless such justification... | |
| Utah. Supreme Court, Albert Hagan, John Augustine Marshall, John Maxcy Zane, James A. Williams, Joseph M. Tanner, George L. Nye, John Walcott Thompson, August B. Edler, Alonzo Blair Irvine, Harmel L. Pratt, William S. Dalton, H. Arnold Rich - 1899 - 612 страница
...court also instructed the jury, in substance, that the burden of proof was on the plaintiff to prove to the satisfaction of the jury, by a preponderance of the evidence, that the ladder was not safe, that the deceased did not know it was unsafe, and could not have known... | |
| 1883 - 908 страница
...by a preponderance of evidence. That the burden of proof rests on the prisoner to show his insanity to the satisfaction of the jury by a preponderance of the evidence. This theory is maintained in Alabama, Arkansas, California, Iowa, Kentucky, Maine, Massachusetts, Missouri,... | |
| John Davison Lawson - 1884 - 1012 страница
...reasonable doubt. The second Is that the presumption of sanity must prevail until it is shown to be false to the satisfaction of the jury by a preponderance of the evidence. The third is that where any evidence Is introduced tending to cast uncertainty upon the sanity of the... | |
| |