These facts lent support to the idea that the murder was
committed in daylight, but they by no means established the theory as
unassailable. They did not establish the innocence of the prisoner,
although to some extent they told in his favour. Counsel for the
prosecution had put before them several theories to account for these
two facts consistent with his contention that the murder had been
committed by the prisoner. The jury must give full consideration to
these theories as well as to the theory of the defence. They were not
called upon to say which theory was true except in so far as their
opinions might be implied in the verdict they gave.
The defence, continued His Honour, was that Hill had committed the murder
and had then decided to direct suspicion to the prisoner. If the jury
acquitted the prisoner, their verdict would not necessarily mean that
they endorsed the theory of the defence. It might mean that, but it might
mean only that they were not satisfied that the prisoner had committed
the murder. If the jury were convinced beyond all reasonable doubt that
the prisoner had committed the murder, they must bring in a verdict of
"guilty," and if they were not satisfied they must bring in a verdict of
acquittal.
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