Mobley v. State

Banke, Judge.

The appellant was convicted of voluntary manslaughter and sentenced to 20 years with 10 years to serve. On appeal he enumerates as error the failure of the trial court to include in its charge on presumption of innocence and reasonable doubt the words: “The legal presumption in favor of the innocence of the accused is an instrument of proof on his behalf.” Held:

1. “It is . . . error to fail to charge the jury in a criminal case substantially to the effect that the defendant enters upon his trial with the presumption of innocence in his favor, and that this presumption of…