State v. Levy

Citations

• 9 Idaho 483
• 75 P. 227
• 1904 Ida. LEXIS 65

Syllabus

<p>Insufficiency of Evidence — Circumstantial Evidence — Reasonable Doubt — Weight of Evidence — Instructions—Jury Attending. Theater — Witness—Reward—Competency of Juror — New Trial.</p> <p>1. Evidence considered and held sufficient to sustain the verdict of the jury.</p> <p>2. The convincing effect that follows from positive evidence is not necessarily expected to follow from circumstantial evidence, although the latter kind of evidence is often the most satisfactory and convincing that can he produced.</p> <p>3. It is a strong circumstance which the jury ought to consider if it is shown to their satisfaction and beyond a reasonable doubt that the accused had a strong, impelling motive to commit the crime with which he is charged.</p> <p>4. To authorize a conviction on circumstantial evidence, alone, the facts and circumstances shown by the evidence must be ineompatable, upon any reasonable hypothesis, with the innocence of the accused and incapable of explanation upon any reasonable hypothesis or rational conclusion other than that of the guilt of the accused.</p> <p>5. A reasonable doubt is a fair doubt arising from all of the evidence. It is not a mere imaginary, captious or possible doubt,, but a fair doubt based upon reason and common sense.</p> <p>6. The admission of certain evidence of the diseased condition of one of the women with whom the accused was living, held not prejudicial error.</p> <p>7. The jury is the judge of the weight to be given to the testimony of the witnesses, and this court will not interfere, unless it is clearly shown that the verdict resulted from prejudice or passion, or is clearly against the evidence.</p> <p>8. It is not error for the court, on its own motion, to instruct the jury that the neglect or refusal of the defendant to testify in his own behalf shall in no manner prejudice him, nor be used against him on the trial.</p> <p>9. With the permission of the court the jurors were taken to a theater, and six jurors were placed in