State v. Boswell

In a criminal action is it reversible error for tbe trial judge to omit to charge tbe jury that tbe defendant is presumed to be innocent in tbe absence of a request to so charge?

Tbe defendant excepted to tbe charge of tbe court for tbe reason that tbe jury was not instructed by tbe trial judge that tbe defendant was presumed to be innocent and that tbe burden of proof was on tbe State. In tbe brief for tbe defendant it is stated: “We have looted in vain to find some North Carolina case that has -been to tbe Supreme Court in which tbe trial judge failed to mention either tbe presumption of…