Whats the standard they must employ to establish guilt. What must the prosecution establish?
Well they have to prove their case “beyond a reasonable doubt.” And, remember, Hill was presumed innocent. The intriguing thing in this case is there’s no doubt that John Morrison and Arling Morrison were killed, a I mean there was a homicide. There is a question whether or not it was a homicide, a robbery homicide, a felony murder, a capital murder in that sense. And remember, Hill was only tried for one of those two murders. He was not tried for both of them at that time. The theory was robbery. The robbers when they go in one of them says, “We’ve got you now!” And begins to fire a gun, if we are to believe young Merlin Morrison. My judgment. in a life of defending crimes is that is not the type of statement that is made in a robbery. So, they had to find that it was committed in the course of a robbery, felony, murder and that there was a homicide. One of those two is pretty easy, the deaths of these two men. The real issue becomes: was the gunman Joe Hill? Is the eyewitness identif
