Moral certainty

In the law of criminal evidence. That degree of assurance which induces a man of sound mind to act, without doubt, upon the conclusions to which it leads.

Wills, Circ. Ev. 7.

A certainty that convinces and directs the understanding and satisfies the reason and judgment of those who are bound to act conscientiously upon it.

State v. Ore, 64 Mo. 339; Bradley v. State, 31 Ind. 492; Ross v. Montana Union Ry. Go. (C. O.) 45 Fed. 425; Pharr v. State, 10 Tex. App. 485; Territory v. McAndrews, 3 Mont. 158.

A high degree of impression of the truth of a fact, falling short of absolute certainty, but sufficient to justify a verdict of guilty, even in a capital case.

See Burrill, Circ. Ev. 198-200.

The phrase "moral certainty" has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only a very high degree of probability. It was observed by Puf-fendorf that, "when we declare such a thing to be morally certain, because it has been confirmed by credible witnesses, this moral certitude is nothing else but a strong presumption grounded on probable reasons, and which very seldom fails and deceives us." "Probable evidence," says Bishop Butler, in the opening sentence of his Analogy, "is essentially distinguished from demonstrative by this: that it admits of degrees, and of all variety of them, from the highest moral certainty to the very lowest presumption."

Com. v. Costley, 118 Mass. 23.