State v. Hough
State v. Hough
Dissenting Opinion
dissenting. I dissent. See State v. Angel, 93 S. C. 155, 76 S. E. 195: “It is not what the jury thinks or what may be their impression unless they are convinced.”
This was the last statement and at the most effective time and substituted belief for conviction.
Opinion of the Court
The opinion of the Court was delivered by
In a very clear and impartial charge, the trial Judge instructed the jury that, under their oaths, they were compelled to find a verdict of not guilty, unless the State had proven the guilt of the defendant beyond a reasonable doubt, and that they must give him the benefit of every reasonable doubt that might arise in the case. The same instruction, in substance, was repeated several times. The reasonable doubt was defined or explained in a manner which has been approved by this Court, and to which no exception was taken.
After the jury had been out about eleven hours, the Judge had them brought inj and asked if they had agreed on a verdict. On being told they had not, he asked if they wanted any further instruction as to the law.
Appellant imputes error to the Court in the language quoted, alleging that it confused “belief” with “satisfaction beyond a reasonable doubt,” and reduced a reasonable doubt to a mere matter of belief, upon which the jury may have acted in reaching a verdict.
The object of evidence is to produce belief, which is defined in the Standard Dictionary: 1. “A conviction or assurance of the truth or actuality of anything on other grounds than personal observation or experience, i. e., on other than demonstrative evidence.” 2. “Mental assent to or acceptance of anything as -fact or truth on the ground of testimony or authority.” Besides the instruction in the previous charge and immediate connection with these remarks, that they must be satisfied .beyond a reasonable doubt, the question, “what do you believe has been proven beyond a reasonable doubt?” shows clearly that the jury could not have been confused as suggested. Nor does the fact that they agreed upon a verdict in half an hour after they were sent back to their room warrant such a conclusion. When they were brought into Court, the foreman stated to the Court that they were rapidly coming to a conclusion, when they were sent for, and they were sorry that they had kept the Court waiting.
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Affirmed.
Reference
- Full Case Name
- State v. Hough.
- Cited By
- 2 cases
- Status
- Published