McDaniel v. State

Nichols, Justice.

Richard Earl McDaniel was indicted; tried and convicted of the offense of rape. Upon a recommendation of mercy by the jury, the defendant was sentenced to life imprisonment. A motion for new trial was filed and overruled and the present appeal filed. The sole enumeration of error is that the trial court erred in failing to instruct the jury on the presumption of innocence. Held:

An instruction to a jury while evidence is being admitted is not untimely or improper (see Bryant v. State, 191 Ga. 686, 718 (13 SE2d 820)), and in the absence of a timely request it is not error to…