Webb v. State
Court of Appeals of Georgia
Indictment for assault witli intent to rape — conviction of assault and battery; from Milton superior court — Judge Morris. September 23, 1911. The requests to charge, the refusal of wbicb was assigned as error, related to the presumption of innocence, the degree of proof required, and reasonable doubt.
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Indictment for assault witli intent to rape — conviction of assault and battery; from Milton superior court — Judge Morris. September 23, 1911. The requests to charge, the refusal of wbicb was assigned as error, related to the presumption of innocence, the degree of proof required, and reasonable doubt. As to the presumption of innocence the following instruction was requested: “In all criminal cases the defendant is presumed to be innocent until the contrary appears by proof, and the presumption of innocence remains about him until the State legally and satisfactorily shows his guilt beyond…
1Opinion
ON MOTION FOR REHEARING.
Russell, J.
It is manifest that the most important question involved in this ease is whether the judgment of the trial judge, refusing a new trial, should be reversed because of tlie court’s refusal to comply with an appropriate written request to charge the jury, to the effect that the accused was presumed to be innocent. We have been unable to find any ruling upon the exact question in 'any of our Georgia decisions; and this is, no doubt, due to the fact that our trial judges have perhaps scarcely ever omitted to tell the jury in the trial of a criminal case that the…
2Cases cited2 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- Moorer v. StateSupreme Court of Alabama · 1870