State v. Holmes

FOSHEIM, Chief Justice.

Appellant Timothy J. Holmes was convicted of receiving stolen property in violation of SDCL 22-30A-7. He appeals, alleging that the trial court erred in refusing his proposed jury instruction on presumption of innocence. We affirm.

At trial, appellant cross-examined . the State’s witnesses but did not testify or present evidence on his behalf. In settling the jury instructions, the trial court refused appellant’s request to include South Dakota Pattern Jury Instruction 1-4 on presumption of innocence. It reads:

It is a fundamental principle of our law that a person…