State v. Cole

Citations

• 25 Del. 184
• 2 Boyce 184
• 78 A. 1025
• 1910 Del. LEXIS 92

Syllabus

<p>1. Burglary — Evidence—Possession of Stolen Goods.</p> <p>Where a dwelling is broken and entered into, and goods are stolen therefrom at the time, the finding of the goods soon after in the possession of a person is prima facie evidence of his commission of the breaking and entering, as well as the intent with which he did so.</p> <p>2. Indictment and Information — Time of Offense.</p> <p>The date in an indictment is immaterial. All that is necessary is to prove that the offense was committed within the period of limitations prior to the finding of the indictment.</p> <p>3. Criminal Law — “Reasonable Doubt.”</p> <p>The “reasonable doubt” of defendant’s guilt, which, being entertained by the jury, should inure to his acquittal, is not a vague, fanciful, whimsical, or even possible doubt, but such a doubt as naturally arises out of the evidence, and may reasonably be entertained by men of ordinary intelligence, impartiality, and judgment, after a careful and conscientious consideration of all the evidence.</p>