State v. Kelly

The alleged crime was committed in Alamance County, N. C. The court below ordered a special venire from Orange County, N. C., and defendants were tried and convicted by a jury of Orange County.

The first question involved, as presented by defendants: “(a) The judge’s failure to charge as to the presumption of innocence; (b) to define the burden of proof and place it upon the State; (c) to give and explain the rule as to the credibility of the testimony of an accomplice; (d) and to instruct that failure to take the stand raises no presumption, and is not to be taken against the defendants.”

The…