Ferry

The defendant was accused, by information, of the crime of robbery, was convicted, and prosecutes this appeal to this court from the judgment and from an order denying his motion for a new trial. Several questions are made on the charge; among others, *33 on this portion: “You must be satisfied beyond a reasonable doubt. What a reasonable doubt is depends upon definition. It must be such doubt as nearly approaches conviction. I mean, the opinion of his guilt must nearly approach what is called absolute conviction. It must approach it nearly; but if it .satisfies you to that extent so that you can settle back upon the consideration of the man's guilt, and believe the guilt under a rational examination of the testimony, your mind recurs back to that conclusion, that he is guilty, and abides there,— that is sufficient to satisfy you. It is not necessary for me to comment about the value of this testimony or that testimony; nor upon the fact that your town is infested by villains,— it may be so, it may not be so, so far as we know here; nor to instruct you that this class of offenses ought to be punished; they ought to be punished, when they are proved, gentlemen, to your entire…