38 Minn. 438 | Minn. | 1888
The defendant was convicted of the crime of an assault in the second degree. In his charge to the jury, the court, after instructing them that, to entitle the state to a verdict, the guilt of defendant must be proved beyond a reasonable doubt, added: “This does not mean beyond any doubt, but beyond a doubt for which you can give a reason.” This is assigned as error. This definition is not without some authority to support it, (see Com v. Harman, 4 Pa. St. 269, 274;) and we are not prepared to say that it contains any error prejudicial to defendant. Like many other definitions of the term which have been given, it does not define, but itself requires definition. The most serious objection to it is that it is liable to be understood as meaning a doubt for which a juror could express or state a reason in words. A juror may,- after a consideration and comparison of all the evidence, feel a reasonable doubt as to the guilt of a defendant, and yet find it difficult to state the reason for the doubt. The term “reasonable doubt” is almost incapable of any definition which will add much to what the words themselves imply. In fact it is easier to state what it is not than what it is; and it may be doubted whether any attempt to define it will not be more likely to confuse than to enlighten a jury. A man is the best judge of his own feelings, and he knows for himself whether he doubts better than any one else can tell him. Where any explanation of what is meant by a reasonable doubt is required, it is safer to adopt some definition which has already received the general approval of the authorities, especially those in our own state.
2. The defendant introduced evidence of his good character in the trait involved in the charge made against him. On this point the
Eor this error in the charge the verdict is set aside, and a new trial ordered.