reasonable doubt

As militating against the sufficiency of the evidence:--an actual and substantial doubt of the defendant's guilt arising from the evidence, or from a want of evidence, as distinguished from a vague apprehension. A fair doubt based upon reason and common sense and growing out of the testimony in the case. A doubt arising from a candid and impartial investigation of all the evidence, being such as, in an ordinary transaction of life, would cause a reasonable and prudent man to hesitate and pause. That state of mind which, after a fair comparison and consideration of all the evidence in the case, both for the state and for the defense, leaves the minds of the jury in such a condition that they cannot say they feel an abiding conviction to a moral certainty of the truth of the charge. Saunders v State, 4 Okla Crim 264, 111 P 965. As a reason for a decision in favor of the constitutionality of a statute or municipal ordinance:- -want of certainty that the statute or ordinance is so plainly and culpably violative as to offend the constitution. Ours Properties, Inc. v Ley, 198 Va 848, 96 SE2d 754.