State v. Tyree

The appellant was charged by information with the crime of murder in the first degree and, having been convicted of manslaughter, appeals.

He claims that the shooting was done in defense of his person.

One of the errors assigned is the failure of the trial court to give an instruction that the appellant was presumed to be innocent. Under Rem. Comp. Stat., § 2308 [P. C. § 9139], every person on trial for a crime is presumed to be innocent until the contrary is proven by competent evidence beyond a reasonable doubt; and in State v. Mayo, 42 Wash. 540, 85 Pac. 251, this court said that the accused…