Simmons v. State

GARRARD, Presiding Judge.

Donty Ledel Simmons was tried by jury and convicted of burglary. Simmons tendered an instruction which stated in pertinent part:1

“The law presumes the defendant to be innocent of the crime charged, and this presumption continues in his favor throughout the trial of this cause.

“It is your duty, if it can be reasonably and conscientiously done to reconcile the evidence upon the theory that the defendant is innocent and you cannot find the defendant guilty of the crime charged in the affidavit, unless the evidence satisfies you beyond a reasonable doubt of his guilt.”

The…