State v. Lindsey

SCHULTZ, Justice.

The'.State appeals from a trial court ruling granting defendant Greg Allen Lindsey a new .trial. Whether the trial court properly sustained defendant’s motion for a new trial ultimately depends on whether the jury wasdproperly instructed regarding the presumption of innocence and the State’s burden of proving defendant guilty beyond a reasonable doubt. We hold the jury was properly instructed and remand the case for entry of judgment and sentencing.

On April 5\ 1979, defendant was charged by county attorney’s information with robbery in the fiiVfst degree in violation of…