I concur in the judgment on the ground stated by Justice McFarland, and I agree with him that the language quoted from Burrill should have been omitted from the instruction. It adds nothing either of force or clearness to the oft-approved definition of moral certainty given by Chief Justice Shaw in the Webster case, and I deprecate the disposition to expand and vary approved instructions in criminal cases, the only effect of which is to raise new questions and furnish new grounds for appeals.