Mitchell v. State

McMurray, Presiding Judge.

Defendant Mitchell appeals his conviction of robbery (by force), kidnapping, and aggravated assault. Held:

1. The first enumeration of error maintains that the jury charge was deficient in that it stated that “defendant is presumed to be innocent until proven guilty” and that “this presumption remains with the defendant until it is overcome by the State. . . .” (Emphasis supplied.) Basically, defendant’s argument is that use of the word “until” alone implies that the State has satisfied its burden, is a comment on the evidence, and shifts the burden of proof to the…