McBride v. State

In this case, as in all criminal cases, the presumption of innocence attended the accused upon his trial; this presumption is evidentiary in its nature and must be overcome by sufficient evidence, under the required rules, to prove the guilt of the defendant beyond a reasonable doubt. Whether such evidence has been adduced is almost invariably a question for the jury and not for the court. In the case of Waters v. State, 117 Ala. 108, 22 So. 490, the court said:

' “The presumption of innocence attends the defendant in a criminal case until overturned by evidence which convinces the jury beyond…