0331 Page – Leo Frank Georgia Supreme Court Appeals Records, 1913, 1914

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the subject of the general character of the defendant, and it is for
the jury finally to determine from all the evidence whether his
character was good or bad. But a defendant is not to be convicted
of the crime with which he stands charged, even though, upon a con-
sideration of all the evidence, as to his character, the jury be-
lieves that his character is bad, unless from all the other testimony
in the case they believe that he is guilty beyond a reasonable doubt.
You will, therefore, observe that this is the rule you will be
guided by in determining the effect to be given to the evidence on the
subject of the defendant's character: If, after considering all the
evidence pro and con, on the subject of the defendant's character,
you believe that prior to the time of Mary Phagan's death he bore a
good reputation among those who knew him, that his general character
was good, you will consider that as one of the facts in the case, and
it may be sufficient to create a reasonable doubt of the defendant's
guilt, if it so impress your minds and consciences, after considering
it along with all the other evidence in the case; and if it does you
should give the defendant the benefit of the doubt and acquit him.
However, though you should believe his general character was good,
still if, after giving due weight to it as one of the facts in the
case, you believe from the evidence as a whole that he is guilty be-
yond a reasonable doubt you would be authorized to convict him.

If you believe beyond a reasonable doubt from the evidence in this
case that this defendant is guilty of murder, then you would be author-
ized in that event to say "We, the jury, find the defendant guilty".
Should you go no further, gentlemen, and say nothing else in your ver-
dict, the Court would have to sentence the defendant to the extreme
penalty for murder, to-wit: to be hanged by the neck until he is dead.
But should you see fit to do so, in the event you arrive at the con-
clusion and belief beyond a reasonable doubt from the evidence that
this defendant is guilty, then, gentlemen, you would be authorized in
that event, if you saw fit to do so, to say "We, the jury, find the
defendant guilty, and we recommend that he be imprisoned in the pen-
itentiary for life",
that then the Court, under the law, would have to sentence the defend-
ant to the penitentiary for life.

You have heard the defendant