Ernest McDonald v. United States

Appellant was indicted for first degree murder and convicted of second degree murder. One Davis shot and killed one Jenkins. Testimony regarding appellant’s participation was in dispute. There was evidence that appellant and Davis engaged in a violent scuffle with Jenkins, and that after Davis had fired one shot appellant held Jenkins while Davis fired another.

The court did not charge the jury on the presumption of innocence. This was error. Coffin v. United States, 156 U.S. 432, 452, 15 S.Ct. 394, 39 L.Ed. 481; Agnew v. United States, 165 U.S. 36, 51-52, 17 S.Ct. 235, 41 L.Ed. 624. The…