State v. Brugier

WOLLMAN, Chief Justice.

Appellant was convicted of aggravated assault after allegedly hitting and breaking the jaw of a woman near Yankton, South Dakota, on July 2, 1978. We affirm.

Appellant contends that the trial court erred in overruling his objection to the presumption of innocence instruction given by the trial court. * Appellant argues that use of the word “until” implies to the jury that the presumption of innocence will be overcome and makes it a foregone conclusion that such proof will be forthcoming. Appellant argues that the proper word should be “unless,” because that word conforms…