People v. Yun Kee

Defendant was convicted of the crime of robbery. He appeals from the judgment of conviction and from the order denying his motion for a new trial.

The sufficiency of the evidence to warrant the verdict of the jury is not questioned. A reversal is asked on the ground that the court erred in giving a certain instruction, proposed by the people, and in refusing to give instructions asked by defendant, marked 3, 7 and 13.

The instruction given at the request of plaintiff was upon the doctrine of reasonable doubt. That part of the instruction complained of reads as follows: “By this term ‘reasonable doubt’ is not meant every possible or fanciful doubt or conjecture that may suggest itself or be suggested to your minds. It is not a mere guess or surmise, because everything relating to human affairs and dependent upon moral evidence is open to some fanciful doubt or conjecture. A reasonable doubt is a doubt based upon reason, and growing out of the testimony and evidence in the case. A reasonable doubt is that state of the case, which, after an entire comparison and consideration of all the evidence, leaves your minds in that condition that you cannot say you feel an abiding…