Murray v. State

This was a proceeding under the statute for surety of the peace. 2 G. & H., p. 640, et seq. Trial bjr jury; verdict, “that Martha Kenton, the complaining witness, has just cause to entertain the fears expressed in the affidavit.” A motion for a new trial was overruled, and an order was made by the court that the defendant enter into a recognizance to keep the peace for twelve months.

The error complained of is, that the court omitted to charge the jury that “this isa criminal prosecution; that the defendant is presumed to be innocent until the contrary is proved; that when there is a…