State v. Davis

Citations

• 18 Del. 139
• 2 Penne. 139
• 45 A. 394
• 1899 Del. LEXIS 18

Syllabus

<p>Criminal Law—Indictment—Bribery—Member of the Legislature— Common Law—Reasonable Doubt.</p> <p>1. Bribery of the'kind charged in the indictment in this case is a crime not defined upon the statute books of this State, and under a general provision of our statute, resort must be had to the common law, not only for the definition of the crime, but also for the punishment.</p> <p>2. Bribery at common law defined.</p> <p>3. Whenever any man is arraigned before the bar of justice, the law clothes him first with the presumption of innocence, and it is therefore incumbent on the State to prove to the satisfaction of the jury, beyond a reasonable doubt, every material element of the crime charged.</p> <p>4. Reasonable doubt defined.</p> <p>5. In cases of doubt,good character avails. If the case is clearly and satisfactorily proved, good character avails nothing. If there be a doubt of guilt, arising out of conflict of testimony or other cause, then the fact that the accused has lived in a community for years, and in all of those years has consistently built up for himself a character for integrity, honesty and fair dealing, should clothe him with the presumption of innocence; where the scales of justice hang in balance, good character comes to solve the difficulty, tips the balance, and inures to acquittal.</p>