People v. Garcia

Opinion

ELKINGTON, J.

We find ourselves concerned, on this appeal by defendant Inez Garcia from a judgment of conviction of second degree murder, with a variant jury instruction on the concept of proof beyond a reasonable doubt.

As is well known, the principles of “presumption of innocence” and “proof beyond a reasonable doubt,” applicable to prosecutions for crime, are defined by California’s Penal Code section 1096, in this manner: “A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether his guilt is satisfactorily…