State v. Simmons

A jury found appellant guilty of rape, burglary and assault and battery with intent to kill. He was sentenced to consecutive terms of forty (40) years, life and ten (10) years, respectively. At issue is the refusal, upon request, of the trial judge to give the following requested instruction to the jury:

“The proof offered by the prosecution must exclude every reasonable hypothesis except that of guilt and must satisfy you beyond a reasonable doubt in order for there to be a conviction.”

A recitation of the facts of the case is not necessary to a determination of the issue. It suffices to say…