...theory upon which he can be innocent, when all the evidence in the case is considered together. If you find from the evidence in this case, beyond a reasonable doubt, that the acts, or one of them, charged against this defendant in this indictment were committed as therein alleged,...

...pursuance of the common design may be ascertained by the same class of evidence, and if the jury believe from the evidence in this case beyond a reasonable doubt that the defendants or any of them conspired and agreed together or with others to overthrow the law by force, or destroy...

...is assigned in giving for the plaintiff instruction No. 11, reading as follows: "You are instructed that if you find from the evidence in this case beyond a reasonable doubt that the defendant, Fred Wademan, committed the act of sexual intercourse with the said Augusta Schwall, on...

...homicide. Still later, however, in the instructions, the court again specifically told the jury : "If you find from the evidence in this case, beyond a reasonable doubt, that the defendant killed the deceased, Walter HOpkins, but that it was without any design to effect the death...

...right of the deceased, Chrlstensen, as it was that of the defendant; and if you shall find and believe from the evidence in this case, beyond a reasonable doubt, that the deceased was attacked by the defendant when the deceased was attempting to retreat to and through the...

...of the offense of larceny is the unlawful intent, and before you can convict in this case you must find from the evidence in this case beyond a reasonable doubt that the defendant entered into a conspiracy with his co-defendants, or one of them, to steal the car described...

...penitentiary for not less than nor more than years.7 The court instructs the jury that, if you believe and find from the evidence in this case beyond a reasonable doubt that the defendant, in — — county on the day of , and before the finding of the indictment herein, did unlawfully...

...an intention to convey, sell, or otherwise dispose of such liquors." it is error to charge, "If you find from the evidence in this case beyond a reasonable doubt that the defendant had In his possession more than one gallon of spirltous liquors, then and In that event the...

...reasonable doubt, that the defendant fired the shot, as alleged in the indictment, and if you further find from the evidence in this case, beyond a reasonable doubt, that such shooting was committed deliberately and was likely to be attended with dangerous consequences,...

...negligently failed to do so. We rulo this point against the appellants. [4] V. Plaintiff's instruction No. 6 was as follows : "The court instructs the jury that, if you find from the evidence that the sidewalk and the place thereon mentioned in evidence was dangerous and not reasonably safe...