Legal Opinion

McKenna v. State

Supreme Court of Florida

Decided December 28, 1934Published

1Opinion

On Rehearing.

2Per curiam

Rehearing was granted in this case after opinion filed for consideration of the single question as to whether or not the failure of the trial court to. charge the jury concerning the law of the presumption of innocence without there being a special request for such charge constitutes reversible error.

The rule is thoroughly established both in the United States and Great Britain that one charged with a criminal offense is in law presumed to be innocent and that presumption obtains in favor of the accused throughout every stage of the trial until his guilt has been proven to the…

3Cases cited20 opinions

  1. Leavine v. StateSupreme Court of Florida · 1933
  2. Carter v. BennettSupreme Court of Florida · 1852
  3. Lindsey v. StateSupreme Court of Florida · 1907
  4. Herndon v. StateSupreme Court of Florida · 1917
  5. Carr v. StateSupreme Court of Florida · 1903

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