Legal Opinion

Butts v. State

Court of Appeals of Georgia

Decided August 25, 1913No. 4845PublishedCited by 17 opinions

Indictment for burglary; from Baldwin superior court — Judge J. B. Park. March 22, 1913.

1Opinion of the CourtKussell, J.

1. We shall not discuss the testimony in the case, since we are constrained to grant a new trial upon the assignment, of error in which complaint is made that the trial judge failed to *275instruct the jury that the defendant entered upon his trial with the presumption of innocence in his favor, and that this presumption remains with him throughout the trial, until it is rebutted by proof satisfying the jury of the defendant’s guilt to the exclusion of a reasonable doubt. The precise point was ruled by this court in Reddick v. State, 11 Ga. App. 150 (4) (74 S. E. 901).

2. As well pointed out by…

2Cases cited2 opinions

  1. Coffin v. United StatesSupreme Court of the United States · 1895
  2. Reddick v. StateCourt of Appeals of Georgia · 1912

3Cited by17 opinions

  1. Farmer v. StateCourt of Appeals of Georgia · 1979
  2. Thurman v. StateCourt of Appeals of Georgia · 1914
  3. Reaves v. StateCourt of Appeals of Georgia · 1978
  4. Brock v. StateCourt of Appeals of Georgia · 1954
  5. Hill v. StateCourt of Appeals of Georgia · 1914

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