Donguli

I concur in the judgment, because I think that, taking the charge to the jury as a whole, the appellant was not prejudiced. But I do not think that courts hereafter should adopt that part of the charge which deals with the subject of reasonable doubt as an entirely proper instruction. For instance, the jury are told that if they have a reasonable doubt, then they “should be able to give some reason . . . . for such doubt.” Now, there are intelligent and sensible jurors able to come to correct conclusions which are expressed by the formula “ guilty,” or “ not guilty,” whose minds have not been trained in the exercise of expressing in language the train of reasoning by which they arrive at their verdicts. They are not required to “ give ” their reasons; that is not their business.

The defendant was convicted of the crime of murder in the second degree, and sentenced to imprisonment in the state’s prison for a term of eleven years. Defendant appeals on the judgment roll alone, containing no bill of exceptions; and the only points made relate to the propriety of certain instructions given to the jury. It does not appear that any instructions were requested by either party, and those given appear to have been given by the court of its own motion, and in the absence of any part of the evidence, seem to be correct.

1. The defendant contends that the court erred in givthe following instruction:—

The only part of this instruction objected to is the part italicized. It is said that “it would exclude from the consideration of the jury a doubt founded upon a knowledge of natural laws inconsistent with the hypothesis contended for by the prosecution.”

It does not appear from the record that the prosecution contended for any -hypothesis claimed to be inconsistent with any natural law, or that evidence of any natural law would have been relevant or material. When the record contains no part of the evidence, “ it is well settled that this court will not reverse the…