State v. Dix
Supreme Court of Vermont
1Opinion of the Court
The court’s failure to instruct the jury that the presumption of innocence is “a piece of evidence that should be considered with all the other evidence” was not error.
The court’s instruction here was as follows:
The Defendant is not under any obligation to prove that he is innocent. The burden is on the State to prove beyond a reasonable doubt if it can that he is guilty.
One is presumed to be innocent and you are bound in your consideration of the evidence to give him the benefit of that presumption and to remember that the State must overcome the presumption of innocence by proof to your…
2Cases cited5 opinions
- Tyrrell v. Prudential Insurance Co. of AmericaSupreme Court of Vermont · 1937
- State v. CamleySupreme Court of Vermont · 1981
- State v. JoySupreme Court of Vermont · 1988
- Belock v. State Mutual Fire Insurance Co.Supreme Court of Vermont · 1936
- State v. PetersSupreme Court of Vermont · 1986