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, rc. . 198-200. The phrase “moral certainty” has been introduced into our jurisprudence from the publicists and metaphysicians, and signifies only u very high degree of probability. It was observed by Puffendorf 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 precumprion 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 very lowest presumption.” Com. v. Costley, 118 Mass. 23.—Moral evidence. See EVIDENCE.—Moral fraud, This phrase is one of the less usual designations of “actual” or “positive” fraud or “fraud in fact,” as distinguished from “constructive” fraud or “fraud in law.” It means fraud which